Notices. Notice

8,597 words·~39 min read·/register/2004/12/20/04-27768

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

BILLING CODE 4000-01-M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-335-004] ANR Pipeline Company; Notice of Compliance Filing December 13, 2004. Take notice that, on December 3, 2004, ANR Pipeline Company

(ANR)tendered for filing a compliance filing pursuant to the Commission's November 3, 2004 Order on Initial Decision in Docket No. RP02-335-002. ANR states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, 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. E4-3716 Filed 12-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER05-34-000, ER05-35-000, ER05-36-000, and ER05-37-000] Dominion Energy New England, Inc., Dominion Energy Salem Harbor, LLC, Dominion Energy Brayton Point, LLC, and Dominion Energy Manchester Street, Inc.; Notice of Issuance of Order December 13, 2004. Dominion Energy New England, Inc., Dominion Energy Salem Harbor, LLC, Dominion Energy Brayton Point, LLC, and Dominion Energy Manchester Street, Inc. (collectively, the Applicants) filed applications for market-based rate authority, with accompanying tariffs. The proposed tariffs provide for wholesale sales of energy, capacity, and ancillary services at market-based rates. The Applicants also requested waiver of various Commission regulations. In particular, the Applicants requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by the Applicants. On December 10, 2004, the Commission granted the request for blanket approval under part 34, subject to the following: [A]ny person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by the Applicants should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Dominion Energy New England, Inc. et al., 109 FERC ¶ 61, 262 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest, is January 10, 2005. Absent a request to be heard in opposition by the deadline above, the Applicants are authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of the Applicants, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of the Applicants issuances of securities or assumptions of liability. Copies of the full text of the Commission's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E4-3718 Filed 12-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL00-95-100; EL00-95-012; EL00-98-086; and EL00-98-090] San Diego Gas & Electric Company, Complainants v. Sellers of Energy and Ancillary Services Into Markets Operated by the California Independent System Operator and the California Power Exchange, Respondents; Investigation of Practices of the California Independent System Operator and the California Power Exchange; Notice of Filing December 13, 2004. On December 8, 2004, Ernst & Young (E&Y) filed a request for clarification regarding the calculation of the actual daily cost of gas for the additional fuel cost allowance, in the above-docketed proceedings. E&Y states that it was selected by the Commission as the independent auditor of the fuel cost allowance claims of sellers into the markets operated by the California Independent System Operator and the California Power Exchange. 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, 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 the 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 “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. *Comment Date:* 5 p.m. eastern time on December 20, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-3717 Filed 12-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-90-000, et al.] Oregon Electric Utility Company, et al.; Electric Rate and Corporate Filings December 10, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Oregon Electric Utility Company and Portland General Electric Company [Docket No. EC04-90-000] Take notice that on December 7, 2004, Portland General Electric Company

(PGE)and Oregon Electric Utility Company, L.L.C. (collectively, Applicants) filed pursuant to section 203 of the Federal Power Act and part 33 of the Commission's regulations to amend their April 7, 2004, application for approval of the transfer of jurisdictional facilities. In particular, PGE states that the Applicants proposed to implement a Market Monitoring Plan simultaneously with the acquisition of PGE by Oregon Electric. *Comment Date:* 5 p.m. Eastern Time on December 20, 2004. 2. California Independent System Operator Corporation [Docket Nos. EL04-133-002 and ER04-1198-002 (Not Consolidated)] Take notice that on December 6, 2004, the California Independent System Operator Corporation

(ISO)submitted a filing in compliance with the Commission's order issued November 5, 2004, in Docket Nos. EL04-133-001 and ER04-1198-001, 109 FERC ¶ 61,153. The ISO states that this filing has been served on all parties on the official service lists in these dockets. In addition, the ISO also states that it has posted the filing on the ISO home page. *Comment Date:* 5 p.m. Eastern Time on December 27, 2004. 3. City of Vernon, California [Docket No. EL05-40-000] Take notice that on December 7, 2004, the City of Vernon, California (Vernon) submitted for filing the annual update to its transmission revenue balancing account adjustment and amendments to Appendix I of its transmission owner tariff, to reflect that update and to note the status of Vernon's base transmission revenue requirement. Vernon also states that pursuant to paragraph 1.4 of the settlement approved in Docket No. EL02-103, 102 FERC ¶ 61,141 (Feb. 5, 2003), Vernon is providing to the California Independent System Operator Corporation

(ISO)on a confidential basis for ISO review and verification, and submitting to the Commission on a confidential basis under 18 CFR 388.112, a volume of certain confidential data. Non-confidential, redacted versions of this data have also been filed with the Commission and served. Vernon requests an effective date of January 1, 2005. Vernon states that copies of this filing have been served on the California Independent System Operator Corporation and the other Participating Transmission Owners, as well as on all individuals on the service list in Commission Docket No. EL04-34. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 4. Avista Corporation, Avista Energy, Inc., Spokane Energy, LLC, and Avista Turbine Power, Inc. [Docket Nos. ER99-1435-008, ER96-2408-020, ER98-4336-009, and ER00-1814-003] Take notice that on December 7, 2004, Avista Corporation d/b/a Avista Utilities, Avista Energy, Inc., Spokane Energy, LLC, and Avista Turbine Power, Inc. filed an amendment to their generation market power analysis in accordance with the Commission letter order issued November 16, 2004 in Docket Nos. ER99-1435-006, ER96-2408-019, ER98-4336-008 and ER00-1814-002. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 5. Hardee Power Partners Limited [Docket Nos. ER99-2341-004 and ER05-247-001] Take notice that, on December 6, 2004, Hardee Power Partners Limited (Hardee Power) submitted an amendment to the compliance filing it made in Docket Nos. ER99-2341-003 and ER05-247-000 on November 9, 2004. Hardee Power states that the amendment reflects ministerial modifications to Hardee Power's proposed revised market based rate attached to the November 9 filing by clarifying that it will not sell power to affiliated franchised public utilities without prior FERC approval and the effective date of the market behavior rules. Hardee Power states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. *Comment Date:* 5 p.m. Eastern Time on December 27, 2004. 6. PPL Southwest Generation Holdings, LLC [Docket Nos. ER01-1870-005 and ER01-1870-003] Take notice that, on December 7, 2004, PPL Southwest Generation Holdings, LLC filed with the Commission a second supplement to its triennial updated market power analysis in compliance with the Commission's letter order issued November 16, 2004, in Docket Nos. ER01-1870-002 and ER01-1870-003. PPL Southwest Generation Holdings, LLC states that copies of the filing were served on parties on the official service list. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 7. PJM Interconnection, L.L.C. [Docket No. ER04-1218-001] Take notice that on December 6, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing an amendment to its September 13, 2004, filing of an executed interconnection service agreement

(ISA)among PJM, Pennsylvania Windfarms, Inc., and Pennsylvania Electric Company, a FirstEnergy Company, and a notice of cancellation of an interconnection service agreement that has been superseded in response to the Commission's letter order issued November 5, 2004, *PJM Interconnection, L.L.C.,* in Docket No. ER04-1218-000. 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 December 27, 2004. 6. Mystic I, LLC, Mystic Development, LLC, and Fore River Development, LLC [Docket No. ER04-1265-002] Take notice that, on December 8, 2004, Mystic I, LLC, Mystic Development, LLC and Fore River Development, LLC (collectively, the Project Companies) submitted a compliance filing pursuant to the Commission's unpublished letter order issued November 24, 2004 in Docket Nos. ER04-1265-000 and ER04-1265-001. The Project Companies state that copies of the filing were served on parties on the official service list in the above-captioned proceeding. *Comment Date:* 5 p.m. Eastern Time on December 29, 2004. 7. Upper Peninsula Power Company [Docket No. ER05-89-000] Take notice that on December 7, 2004, Upper Peninsula Power Company (UPPCO) requested that the Commission defer action on its October 28, 2004 filing in Docket No. ER05-89-000. UPPCO states that copies of the filing were served upon the PJM Interconnection, L.L.C., the Midwest Independent Transmission System Operator, Inc. and the Michigan Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 8. American Transmission Company, LLC [Docket No. ER05-240-001] Take notice that on December 7, 2004, American Transmission Company, LLC (ATCLLC) submitted an attachment A, amending page 1 of the agreement to its initial filing on November 18, 2004. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 9. Westbank Energy Capital, LLC [Docket No. ER05-294-000] Take notice that on December 6, 2004, Westbank Energy Capital, LLC (Westbank) petitioned the Commission for acceptance of Westbank Rate Schedule No.1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. Westbank states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer. Westbank further states that it is not in the business of generating or transmitting electric power. Westbank indicates that it is a limited liability corporation formed under the laws of Texas, with its primary place of business in Dallas, TX. *Comment Date:* 5 p.m. Eastern Time on December 27, 2004. 10. Westar Energy, Inc. [Docket No. ER05-307-000] Take notice that on December 7, 2004, Westar Energy, Inc. (Westar) submitted an executed agreement between Westar and PR&W Electric Cooperative Association, Inc. (PRW). Westar states that this agreement allows Westar to deliver electric power and energy across PRW's facilities for redelivery to Westar's Carnahan Creek metering point from time to time. Westar states that copies of the filing were served upon the Kansas Corporation Commission and PRW. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 11. Westar Energy, Inc. [Docket No. ER05-308-000] Take notice that on December 7, 2004, Westar Energy, Inc. (Westar) submitted an executed agreement between Westar and the Flint Hills Electric Cooperative Association, Inc. (FHREC). Westar states that this agreement allows Westar to deliver electric power and energy across FHREC's facilities for redelivery to Westar's Delavan metering point from time to time. Westar states that the copies of the filing were served upon the Kansas Corporation Commission and FHREC. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 12. Old Dominion Electric Cooperative [Docket No. ER05-309-000] Take notice that on December 7, 2004, Old Dominion Electric Cooperative (Old Dominion) filed an application under section 205 of the Federal Power Act and sections 35.12 and 131.53 of the Commission's rules and regulations, for approval of old Dominion's application for acceptance of initial tariff; a notice of cancellation of existing tariff; and a request for waivers. Specifically, Old Dominion states that it tendered for filing Old Dominion Electric Cooperative FERC Electric Tariff Original Volume No. 3, requesting an effective January 1, 2005. Old Dominion states that a copy of the filing was served upon each of the Member Cooperatives and the public service commissions in the Commonwealth of Virginia and the states of Delaware, Maryland and West Virginia. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 13. Spokane Energy, LLC [Docket No. ER05-310-000] Take notice that on December 7, 2004, Spokane Energy, LLC (Spokane Energy) filed with the Commission a revised Market Based Rate Tariff to incorporate the Market Behavior Rules contained in the Commission's November 17, 2003 *Order Amending Market-Based Tariffs and Authorizations,* 105 FERC ¶ 61,218 (2003). *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 14. Avista Corporation [Docket No. ER05-312-000] Take notice that on December 7, 2004, Avista Corporation d/b/a/ Avista Utilities (Avista Utilities) filed with the Commission a revised Market Based Rate Tariff to incorporate the Market Behavior Rules contained in the Commission's November 17, 2003 *Order Amending Market-Based Tariffs and Authorizations,* 105 FERC ¶ 61,218 (2003). *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 15. Avista Energy, Inc. [Docket No. ER05-313-000] Take notice that on December 7, 2004, Avista Energy, Inc (Avista Energy) filed with the Federal Energy Regulatory Commission a revised Market Based Rate Tariff to incorporate the Market Behavior Rules contained in the Commission's November 17, 2003 *Order Amending Market-Based Tariffs and Authorizations,* 105 FERC ¶ 61,218 (2003). Avista Energy states that it is an investor-owned public utility established and organized under the laws of the State of Washington, with its principal offices located in Spokane, Washington. *Comment Date:* 5 p.m. Eastern Time on December 28, 2004. 16. California Independent System Operator Corporation [Docket No. ER05-314-000] Take notice that on December 8, 2004, the California Independent System Operator Corporation

(ISO)submitted an informational filing in accordance with Article IX, section B of the Stipulation and Agreement approved by the Commission on May 28, 1999, California Independent System Operator Corp., 87 FERC ¶ 61,250

(1999)(Stipulation and Agreement). ISO states that this provision requires the ISO to provide on a confidential basis to the Commission

(1)information regarding any notice from an RMR Unit requesting a change of Condition;

(2)the date the chosen Condition will begin; and

(3)if the change is from Condition 2, the applicable level of Fixed Option Payment. ISO further states as required by the provision, it has provided notice of the changes of condition described in the informational filing (subject to the applicable Non-Disclosure and Confidentiality Agreement in the RMR Contract) to the designated RMR contact persons at the California Public Utilities Commission, the California Electricity Oversight Board, the applicable Responsible Utilities, and the relevant RMR Owners. *Comment Date:* 5 p.m. Eastern Time on December 29, 2004. 17. American Electric Power Service Corporation [Docket No. ER05-315-000] Take notice that on December 8, 2004, the American Electric Power Service Corporation (AEPSC), as agent for Appalachian Power Company tendered for filing first revised service agreement No. 276 which supersedes original service agreement No. 276 between Appalachian Power Company and Twelvepole Creek, LLC. AEP requests an effective date of December 8, 2004. AEPSC states that a copy of the filing was served upon the Public Service Commission of West Virginia. *Comment Date:* 5 p.m. Eastern Time on December 29, 2004. 18. Brent Boyles [Docket No. ID4186-000] Take notice that on November 24, 2004, Brent Boyles (Boyles) tendered for filing with the Commission an application for authority to hold interlocking positions in Northern Maine Independent System Administrator, Inc., Maine Public Service Company, and Maine Yankee Atomic Power Company. *Comment Date:* 5 p.m. Eastern Time on December 27, 2004. 19. Decatur Energy Center, LLC [Docket Nos. QF01-103-003 and EL05-31-000] Take notice that on November 29, 2004, Decatur Energy Center, LLC (Applicant) tendered for filing a petition for limited waiver of the Commission's operating and efficiency standards for a topping-cycle cogeneration facility. *Comment Date:* 5 p.m. Eastern Time on December 29, 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. E4-3724 Filed 12-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER02-1656-021, et al.] California Independent System Operator Corporation, *et al.* ; Electric Rate and Corporate Filings December 13, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. California Independent SystemOperator Corporation [Docket No. ER02-1656-021] Take notice that on December 8, 2004, the California Independent System Operator Corporation (CAISO) submitted its proposed conceptual treatment of existing transmission contracts under the CAISO's amended comprehensive market design proposal. The CAISO requests that the Commission approve the ETC Proposal by February 18, 2005. The CAISO 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, all parties with Scheduling Coordinator Agreements under the CAISO Tariff, and all parties on the official service list for the captioned docket. In addition, the CAISO states that it has posted this filing on its Home Page. *Comment Date:* 5 p.m. eastern time on December 29, 2004. 2. Tucson Electric Power Company [Docket No. ER04-1210-001] Take notice that, on December 2, 2004, Tucson Electric Power Company (Tucson Electric) submitted a compliance filing pursuant to a Commission letter order issued on November 5, 2004 in Docket No. ER04-1210-000. Tucson Electric states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. *Comment Date:* 5 p.m. eastern time on December 23, 2004. 3. Avista Turbine Power, Inc. [Docket No. ER05-311-000] Take notice that on December 7, 2004, Avista Turbine Power, Inc. (Avista Turbine) filed with the Commission a revised market based rate tariff to incorporate the market behavior rules contained in the November 17, 2003, *Order Amending Market-Based Tariffs and Authorizations,* 105 FERC ¶ 61,218 (2003). *Comment Date:* 5 p.m. eastern time on December 28, 2004. 4. FPL Energy Marcus Hook, L.P. [Docket No. ER05-316-000] Take notice that on December 8, 2004, FPL Energy Marcus Hook, L.P. (Marcus Hook) submitted its rate schedule and supporting cost data for a proposed reactive support and voltage control from generation sources service for its cogeneration facility located in Marcus Hook, Pennsylvania. Marcus Hook requests an effective date of February 1, 2005. *Comment Date:* 5 p.m. eastern time on December 29, 2004. 5. Pajaro Energy Center, LLC [Docket No. ER05-317-000] Take notice that on December 8, 2004, Pajaro Energy Center, LLC (Pajaro) filed a notice of cancellation of its Rate Schedule FERC No. 1. Pajaro requests an effective date of December 9, 2004. *Comment Date:* 5 p.m. eastern time on December 29, 2004. 6. PJM Interconnection, L.L.C. [Docket No. ER05-318-000] Take notice that on December 8, 2004, PJM Interconnection, L.L.C. (PJM), submitted for filing an executed interconnection service agreement

(ISA)among PJM, MM Hackensack Energy, LLC, and Public Service Electric and Gas Company, and a notice of cancellation of an interconnection service agreement that has been superseded. PJM requests an effective date of November 8, 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 December 29, 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. E4-3729 Filed 12-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2206-021] Progress Energy Carolinas, Inc.; Notice of Availability of Final Environmental Assessment December 13, 2004. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the staff of the Office of Energy Projects' has prepared a Final Environmental Assessment

(FEA)for Progress Energy Carolina Inc.'s application for amendment of license. On December 28, 2001, Progress Energy Carolinas, Inc., licensee for the Tillery Development of the Yadkin-Pee Dee River Project, FERC No. 2206, filed a shoreline management plan

(SMP)as required in the September 20, 1999, order amending the license. The SMP is for the Tillery Development, which is located on the Yadkin-Pee Dee River in Montgomery and Stanly Counties, North Carolina. The FEA contains the staff's analysis of the potential environmental impacts of implementing the SMP and concludes that approval of the plan would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the FEA is attached to an order titled “Order Modifying and Approving Shoreline Management Plan” issued on November 24, 2004, which is available for review at the Commission in the Public Reference Room, or it may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number (prefaced by P-) and 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

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

(202)502-8659. For further information, contact Shana High at 202-502-8674. Magalie R. Salas, Secretary. [FR Doc. E4-3719 Filed 12-17-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-25-000] Seafarer U.S. Pipeline System, Inc.; Supplemental Notice of Preparation of an Environmental Impact Statement for the Proposed Seafarer U.S. Pipeline System Project and Request for Comments on Environmental Issues December 13, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) are preparing an environmental impact statement

(EIS)that will discuss the environmental impacts of the Seafarer U.S. Pipeline System Project (project or Seafarer Project) proposed by Seafarer U.S. Pipeline System, Inc. (hereafter referred to as Seafarer). 1 The FERC will be the lead federal agency in the preparation of the EIS, but will prepare the EIS in coordination with its cooperating agencies: The Minerals Management Service, the U.S. Army Corps of Engineers, the National Oceanic and Atmospheric Administration-National Marine Fisheries Service, the U.S. Fish and Wildlife Service, and the U.S. Environmental Protection Agency. The document will satisfy the requirements of the National Environmental Policy Act. 1 Seafarer's application was filed with the Commission in Docket No. CP05-25-000 on November 16, 2004, under seciton 7(c) of the Natural Gas Act and part 157 and part 284 of the FERC's regulations. Prior to that date, Seafarer began working with FERC staff under FERC's pre-filing environmental review process and started filing portions of its applicaiton under Docket No. PF04-8-000 on April 23, 2004. All documents filed under Docket No. PF04-8-000 are part of the record for Docket No. CP05-25-000. This notice supplements the informational letter issued by the FERC on June 4, 2004, which announced FERC's initiation of a pre-filing environmental review for the Seafarer Project, and the Notice of Intent

(NOI)to Prepare an EIS issued on June 30, 2004. Those previous transmittals provided information about the proposed project and the FERC's environmental review process and requested comments on the scope of issues to address in the EIS. The comment period for the NOI closed on August 16, 2004. As initially proposed in the pre-filing documentation submitted to the FERC and described in the two previous transmittals issued by the FERC, the nearshore pipeline alignment would have included an initial landfall in the Town of Palm Beach Shores, on the southern end of Singer Island. From that point, the pipeline route would have crossed Peanut Island in route to a mainland landfall adjacent to the Florida Power & Light

(FPL)Riviera Beach Power Plant. The Town of Palm Beach Shores and numerous commentors expressed concerns that the initially proposed alignment and landfall point could interfere with recreational use and residential and commercial land uses on Singer Island. Resource agencies consulted during the route selection and pre-filing process also expressed concerns that the initially proposed nearshore construction procedures, which included a series of horizontal directional drills

(HDDs)and direct lay of the pipeline with rock cover, would not adequately avoid and minimize potential direct impacts to marine hardbottom and coral reef resources. To address the comments and concerns identified during the pre-filing and EIS scoping periods, Seafarer developed a modified route alignment and nearshore installation methodology, which were identified in the application that Seafarer filed with the FERC on November 16, 2004. The currently proposed project alignment would avoid landfall on, and a pipeline route beneath, Singer and Peanut Islands ( *see* Appendix 1). Additionally, Seafarer indicates that the currently proposed nearshore project installation methodology, which reflects the incorporation of tunnel construction methodology, would reduce potential direct impacts to marine hardbottom and coral reef resources, relative to the initially proposed construction methods. The majority of the proposed off- and onshore project route and aboveground facilities would not be affected by the modified proposal. As currently proposed, a hydroshield tunnel boring machine

(TBM)would be used to construct a watertight, approximately 3-mile-long, 10.5-foot-inner-diameter, concrete-lined tunnel. The tunnel would extend from an initial project landfall on FPL Riviera Beach Power Plant property (milepost [MP] 34.6) to an exit point approximately 1.4 miles offshore Singer Island in approximately 80 FSW (MP 31.6). Over 90 percent of the length of the tunnel would be constructed at depths greater than 40 feet beneath the seafloor. Once completed, the tunnel would provide a conduit for installation of the nearshore portion of the pipeline. Beyond the tunnel exit point, the pipeline would rest on the seafloor and rejoin the initially proposed project alignment. A tunnel reception pit would be excavated at the transition point between the tunnel and the direct lay portion of the pipeline, and would facilitate retrieval of the TBM, pipeline installation within the tunnel, and construction of an offshore mainline valve. No onshore alignment changes would be required in association with the currently proposed modifications, except that required to connect the tunnel entry point with the previously proposed onshore alignment in the vicinity of the FPL Riviera Beach Power Plant. The pressure reduction facilities previously proposed for construction near the FPL power plant would be incorporated into the previously proposed FGT West Riviera Meter Station. A contractor yard comprising 10.2 acres would be sited on FPL Riviera Beach Power Plant property adjacent to the tunnel entry point to facilitate tunnel construction. This area would house tunnel support facilities and provide equipment and material storage. No other aboveground facilities or workspace areas would be affected by the currently proposed modifications. We 2 consider the modified nearshore project route and installation methodology as the proposed action, and will evaluate the potential environmental impacts of that action in our EIS. The environmental impacts associated with the initially proposed nearshore project alignment and installation methodology will be addressed as alternatives to the proposed action in our EIS. 2 “We”, “us,” and “our” refer to the environmental staff of the Office of Energy Projects. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EIS and considered by the Commission. You should focus on the potential environmental effects of the proposal and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 3. • Reference Docket No. CP05-25-000. • Mail your comments so that they will be received in Washington, DC on or before January 20, 2005. We will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. To expedite our receipt and consideration of your comments, the Commission strongly encourages electronic submission of any comments on this project. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created on-line. In lieu of sending written comments, we invite you to attend the public scoping meeting we have scheduled as follows: Wednesday, January 19, 2005, 7 p.m. Seafarer U.S. Pipeline System Project, Town of Palm Beach Shores Town Hall, 247 Edwards Lane, Palm Beach Shores, FL 33404, telephone:

(561)844-3457. The public scoping meeting is designed to provide another opportunity to offer comments on the proposed project. Interested groups and individuals are encouraged to attend the meeting and to present comments on the environmental issues they believe should be addressed in the EIS. A transcript of the meeting will be generated so that your comments will be accurately recorded. Everyone who responds to this notice or submits comments throughout the EIS process will be retained on our mailing list. If you do not want to send comments at this time but still want to remain on our mailing list, please return the attached Information Request (see Appendix 2). If you do not return the Information Request, you will be removed from the project mailing list. Becoming an Intervenor In addition to involvement in the EIS scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214; *see* Appendix 3). 3 Only intervenors have the right to seek rehearing of the Commission's decision. 3 Interventions may also be filed electronically via the Internet in lieu of paper. *See* the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List This notice is being sent to affected landowners; Federal, State, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; local libraries and newspapers; and other interested parties that expressed an interest in the project during the pre-filing and EIS scoping periods. We encourage government representatives to notify their constituents of this planned project and encourage them to comment on their areas of concern. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits ( *i.e.* , CP05-25) in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact

(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Finally, Seafarer has established an Internet Web site for this project at *http://www.seafarer.us/.* The Web site includes a description of the project, a map of the proposed pipeline route, and answers to frequently asked questions. You can also request additional information or provide comments directly to Seafarer at

(866)683-5587. Magalie R. Salas, Secretary. [FR Doc. E4-3722 Filed 12-17-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OPP-2004-0408; FRL-7690-9] Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), as amended. DATES: Comments, identified by docket identification

(ID)number OPP-2004-0408, must be received on or before January 19, 2005. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Joanne Miller, Registration Division (7505C) Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-6224; fax number:

(703)305-6224); e-mail address: *miller.joanne@epa.gov.* I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS 111) • Animal production (NAICS 112) • Food manufacturing (NAICS 311) • Pesticide manufacturing (NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in the North American Industrial Classification System (NAICS). If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket.* EPA has established an official public docket for this action under docket ID number OPP-2004-0408. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is

(703)305-5805. 2. *Electronic access.* You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/.* An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or information protected by statute. 1. *Electronically.* If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. *EPA Dockets.* Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at *http://www.epa.gov/edocket/* , and follow the online instructions for submitting comments. Once in the system, select “search,” and then key in docket ID number OPP-2004-0408. The system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. ii. *E-mail.* Comments may be sent by e-mail to *opp-docket@epa.gov* , Attention: Docket ID number OPP-2004-0408. In contrast to EPA's electronic public docket, EPA's e-mail system is not an “anonymous access” system. If you send an e-mail comment directly to the docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. *Disk or CD ROM.* You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I.C.2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. *By mail.* Send your comments to: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, Attention: Docket ID number OPP-2004-0408. 3. *By hand delivery or courier.* Deliver your comments to: Public Information and Records Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID number OPP-2004-0408. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I.B.1. D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e-mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under **FOR FURTHER INFORMATION CONTACT.** E. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline identified. 8. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and **Federal Register** citation related to your comments. II. Registration Applications EPA received applications as follows to register pesticide products containing active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(4) of FIFRA. Notice of receipt of these applications does not imply a decision by the Agency on the applications. Products Containing Active Ingredients Not Included in Any Previously Registered Pesticide Products 1. *File symbol* : 62719-LRI. *Applicant:* Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268. *Product name* : *Aminopyralid Technical* . *Active ingredient* : 4-Amino-3,6-dichloro-2-pyridinecarboxylic acid (Aminopyralid) at 95.3%. *Proposed classification/Use* : None. For manufacturing use only. 2. *File symbol* : 62719-LRO. *Applicant* : Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268. *Product name* : GF-871. *Active ingredient* : Triisopropanolammonium salt of aminopyralid, 40.6%. *Proposed classification/Use* : None. For control of annual and perennial broadleaf weeds, including invasive and noxious weeds, on rangeland, permanent grass pastures, Conservation Reserve Program

(CRP)acres, non-cropland areas (such as rights-of-way, roadsides and non-irrigation ditch banks), natural areas (such as wildlife management areas, natural recreation areas, campgrounds, trailheads and trails), and grazed areas in an around these sites; and for control of annual and perennial broadleaf weeds in wheat (including spring wheat, winter wheat, and durum). List of Subjects Environmental Protection, Pesticides and Pests. Dated: December 9, 2004. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 04-27768 Filed 12-17-04; 8:45 am]

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