Notices. Notice of final decision on exemption reissuance

11,274 words·~51 min read·/register/2004/12/29/04-28496

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

BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-1082-000 and ER04-1082-001] BS Energy LP; Notice of Issuance of Order December 23, 2004. BS Energy LP (BSELP) filed an application for market-based rate authority, with an accompanying tariff. The proposed rate tariff provides for wholesale sales of energy and capacity at market-based rates. BSELP also requested waiver of various Commission regulations. In particular, BSELP requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by BSELP.

On December 20, 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 BSELP 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).

BS Energy LP, 109 FERC ¶ 61, 288 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest, is January 21, 2005. Absent a request to be heard in opposition by the deadline above, BSELP is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of BSELP, 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 BSELP's 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. Linda Mitry, Deputy Secretary. [FR Doc. E4-3883 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No.

RP05-123-000] Destin Pipeline Company, L.L.C.; Notice of Proposed Changes in FERC Gas Tariff December 21, 2004. Take notice that on December 15, 2004, Destin Pipeline Company, L.L.C. (Destin) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the tariff sheets listed on Appendix A to the filing, to become effective January 14, 2005. Destin states that this filing, made in accordance with the provisions of section 154.204 of the Commission's regulations, is to make minor administrative and clarifying changes to its tariff.

Destin states that copies of this filing are being served on all affected shippers and applicable 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. E4-3854 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-4-000] Duke Power, a Division of Duke Power Corporation; Notice of Initiation of Proceeding and Refund Effective Date December 21, 2004. On December 15, 2004, the Commission issued an order in the above-docketed proceeding. The Commission's order institutes a proceeding in Docket No. EL05-4-000 under section 206 of the Federal Power Act with respect to the justness and reasonableness of Duke Power's market-based rates. The refund effective date in Docket No. EL05-4-000, established pursuant to section 206(b) of the Federal Power Act will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-3845 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-4-000] Duke Power, a Division of Duke Power Corporation; Notice of Initiation of Proceeding and Refund Effective Date December 21, 2004. On December 15, 2004, the Commission issued an order in the above-docketed proceeding. The Commission's order institutes a proceeding in Docket No. EL05-4-000 under section 206 of the Federal Power Act with respect to the justness and reasonableness of Duke Power's market-based rates. The refund effective date in Docket No. EL05-4-000, established pursuant to section 206(b) of the Federal Power Act will be 60 days following publication of this notice in the **Federal Register.** Magalie R. Salas, Secretary. [FR Doc. E4-3848 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP96-152-033] Enbridge Pipelines (KPC); Notice of Compliance Filing December 21, 2004. Take notice that on December 13, 2004, Enbridge Pipelines (KPC), formerly Kansas Pipeline Company (KPC), (Enbridge KPC) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the tariff sheets listed in Appendix A of the filing, to be effective for the locked-in period from December 2, 1997 through November 8, 2002. Enbridge KPC states that the purpose of this filing is to comply with the Commission's order issued on October 8, 2004, in Docket No. CP96-152-030. Enbridge Pipelines (KPC), 109 FERC ¶ 61,042 (2004). Specifically, Enbridge KPC states that it proposes to implement firm and interruptible transportation rates for the locked-in period from December 2, 1997 through November 8, 2002 in accordance with the decisions of the Commission in the above-referenced order. Enbridge also requests that the Commission grant such waivers, including waiver of the requirements of its regulations under 18 CFR 154.102(e)(2), providing for the numbering of tariff pages within a natural gas company's FERC Gas Tariff, and 18 CFR 154.201(a), requiring the inclusion of marked versions of the tariff pages to be changed or suspended showing additions and deletions, as are necessary to permit Enbridge KPC to file unmarked pro forma tariff sheets. Enbridge KPC states that good cause exists for the Commission to grant these waivers of its regulations. Enbridge KPC requests that the Commission grant expedited treatment of this filing and issue an order accepting the tariff sheets listed on Attachment A by December 30, 2004. Enbridge KPC states that copies of this filing are being mailed or, if requested, transmitted by e-mail to all affected customers of Enbridge KPC and interested state commissions, as well as to all parties appearing on the Commission's official service list in this docket. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3841 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-46-000] Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC v. Consolidated Edison Company of New York, Inc.; Notice of Complaint December 21, 2004. Take notice that on December 20, 2004, Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC (collectively Entergy Nuclear-Northeast) filed a complaint against Consolidated Edison Company of New York, Inc. (Con Edison) alleging that Con Edison is charging Entergy Nuclear-Northeast unlawful local distribution charges associated with deliveries of unbundled station power. Entergy Nuclear-Northeast certifies that copies of the complaint were served on the contacts for Con Edison as listed on the Commission's list of Corporate Officials and on the New York Public Service Commission. 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. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. 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. E4-3850 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-123-000] Entergy Services, Inc.; Notice of Initiation of Proceeding and Refund Effective Date December 21, 2004. On December 17, 2004, the Commission issued an order in the above-docketed proceeding. The Commission's order institutes a proceeding in Docket No. EL04-123-000 under section 206 of the Federal Power Act with respect to the justness and reasonableness of Entergy Services, Inc.'s market-based rates. The refund effective date in Docket No. EL04-123-000, established pursuant to section 206(b) of the Federal Power Act will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-3842 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-22-000] Entergy Services, Inc.; Notice of Initiation of Proceeding and Refund Effective Date December 21, 2004. On December 17, 2004, the Commission issued an order in the above-docketed proceeding. The Commission's order institutes a proceeding in Docket No. EL05-22-000 under section 206 of the Federal Power Act concerning the justness and reasonableness of the available flowgate capability

(AFC)methodology's effect on transmission availability, as discussed in the Commission's order, which addressed Entergy Services, Inc.'s proposed tariff sheets. The refund effective date in Docket No. EL05-22-000, established pursuant to section 206(b) of the Federal Power Act will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-3846 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-60-001] Gas Transmission Northwest Corporation; Notice of Compliance Filing December 21, 2004. Take notice that, on December 15, 2004, Gas Transmission Northwest Corporation

(GTN)tendered for filing a compliance filing pursuant to Commission's December 1, 2004 Letter Order in Docket No. RP05-60-000. GTN 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 email *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3857 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP91-143-055] Great Lakes Gas Transmission Limited Partnership; Notice of Revenue Sharing Report; November 2003—October 2004 December 22, 2004. Take notice that, on December 17, 2004, Great Lakes Gas Transmission Limited Partnership (Great Lakes) submitted its Interruptible/Overrun (I/O) Revenue Sharing Report pursuant to the Stipulation and Agreement (Settlement) filed on September 24, 1992, and approved by the Commission's February 3, 1993 order issued in Docket No. RP91-143-000, et al. Great Lakes states that copies of the filing were served on parties on the official service list, firm customers and the Public Service Commissions of Minnesota, Wisconsin and Michigan. 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 on or before the date as indicated below. 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, D.C. 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. *Protest Date:* 5 p.m. Eastern Time on December 30, 2004. Linda Mitry, Deputy Secretary. [FR Doc. E4-3881 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-25-001] North Baja Pipeline, LLC; Notice of Compliance Filing December 21, 2004. Take notice that on December 13, 2004, North Baja Pipeline, LLC (North Baja) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1-A, First Revised Sheet No. 116.a, to become effective November 15, 2004. North Baja states that these sheets are being filed in compliance with the Commission's November 12, 2004 “Order Accepting and Suspending Tariff Sheet Subject to Conditions” in the above-captioned docket. North Baja further states that a copy of this filing has been served on parties to this proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, 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. E4-3856 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-124-000] Northern Border Pipeline Company; Notice of Proposed Changes in FERC Gas Tariff December 21, 2004. Take notice that on December 16, 2004, Northern Border Pipeline Company (Northern Border) tendered for filing to become part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets to become effective January 15, 2005: Second Revised Sheet No. 443, Fifth Revised Sheet No. 295, Sixth Revised Sheet No. 298, Third Revised Sheet No. 457, Fourth Revised Sheet No. 405, Fifth Revised Sheet No. 407, First Revised Sheet No. 457A, Fifth Revised Sheet No. 423, Fourth Revised Sheet No. 425, Second Revised Sheet No. No. 461, Second Revised Sheet No. 429A, Second Revised Sheet No. 429C, First Revised Sheet No. 466, Second Revised Sheet No. 434, Third Revised Sheet No. 436, Second Revised Sheet No. 468, Second Revised Sheet No. 472, Second Revised Sheet No. 473, First Revised Sheet No. 479, First Revised Sheet No. 484, and First Revised Sheet No. 488. Northern Border states that the purpose of this filing is to update Northern Border's tariff language to reflect a change in the name of the operator of Northern Border from Northern Plains Natural Gas Company to Northern Plains Natural Gas Company, LLC. Northern Border further states that minor housekeeping changes were made to the Master Electronic Transactions Agreement. 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. E4-3855 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-405-002] Northern Natural Gas Company; Notice of Compliance Filing December 21, 2004. Take notice that on December 15, 2004, Northern Natural Gas Company (Northern) tendered for filing to become part of Northern's FERC Gas Tariff, Fifth Revised Volume No. 1, 2 Substitute Ninth Revised Sheet No. 259, with an effective date of August 19, 2004. Northern states that it is filing the above-referenced tariff sheet in compliance with the Commission's November 24, 2004 Order in the above-referenced proceeding. Northern further states that copies of the filing have been mailed to each of its customers and interested state commissions. 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 email * FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3853 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP98-40-038] Panhandle Eastern Pipe Line Company, LP; Notice of Refund Report December 21, 2004. Take notice that on December 15, 2004, Panhandle Eastern Pipe Line Company, LP (Panhandle) tendered for filing its Refund Report. Panhandle states that Pioneer Natural Resources USA, Inc. (Pioneer) paid the Kansas ad valorem tax refund required by Commission orders on October 15, 2004. Panhandle states that a copy of this information is being sent to intervenors in the subject proceeding, Non-Settling First Sellers, Panhandle's affected customers, and respective State Regulatory Commissions. 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 on or before the date as indicated below. 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 email *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. *Protest Date:* 5 p.m. Eastern Time on December 29, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-3858 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER05-68-000] Pastoria Energy Center, LLC; Notice of Issuance of Order December 21, 2004. Pastoria Energy Center, LLC (Pastoria) filed an application for market-based rate authority, with an accompanying tariff. The proposed rate tariff provides for wholesale sales of energy and capacity at market-based rates. Pastoria also requested waiver of various Commission regulations. In particular, Pastoria requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Pastoria. On December 17, 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 Pastoria 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). Pastoria Energy Center, LLC, 109 FERC ¶ 61, 274 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest, is January 18, 2005. Absent a request to be heard in opposition by the deadline above, Pastoria is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Pastoria, 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 Pastoria's 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. E4-3884 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL05-10-000, EL05-11-000, EL05-12-000, EL05-13-000] Pinnacle West Capital Corporation, Arizona Public Service Company, Pinnacle West Energy Corporation, APS Energy Services Company, Inc.; Notice of Initiation of Proceeding and Refund Effective Date December 21, 2004. On December 20, 2004, the Commission issued an order in the above-docketed proceedings. The Commission's order institutes proceedings in Docket Nos. EL05-10-000, EL05-11-000, EL05-12-000 and EL05-13-000 under section 206 of the Federal Power Act with respect to the justness and reasonableness of the market-based rates of Pinnacle West Capital Corporation, Arizona Public Service Corporation, Pinnacle West Energy Corporation and APS Energy Services Company, Inc. The refund effective date in Docket Nos. EL05-10-000, EL05-11-000, EL05-12-000 and EL05-13-000, established pursuant to section 206(b) of the Federal Power Act will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-3844 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-37-000] Puget Sound Energy, Inc.; Notice of Initiation of Proceeding and Refund Effective Date December 21, 2004. On December 20, 2004, the Commission issued an order in the above-docketed proceeding. The Commission's order institutes a proceeding in Docket No. EL05-37-000 under section 206 of the Federal Power Act with respect to the justness and reasonableness of Puget Sound Energy, Inc.'s market-based rates. The refund effective date in Docket No. EL05-37-000, established pursuant to section 206(b) of the Federal Power Act will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-3847 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-124-000] Southern Company Services, Inc.; Notice of Initiation of Proceeding and Refund Effective Date December 21, 2004. On December 17, 2004, the Commission issued an order in the above-docketed proceeding. The Commission's order institutes a proceeding in Docket No. EL04-124-000 under section 206 of the Federal Power Act with respect to the justness and reasonableness of Southern Company Services, Inc.'s market-based rates. 1 1 The Commission's December 17, 2004 Order stated that Southern Company Services, Inc. acts as agent for Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Savannah Electric and Power Company, and Southern Power Company. 109 FERC ¶ 61,275 at P 1. The refund effective date in Docket No. EL04-124-000, established pursuant to section 206(b) of the Federal Power Act will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-3843 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-41-000] Xcel Energy Services, Inc. and Southwest Power Pool, Inc.; Notice of Initiation of Proceeding and Refund Effective Date December 21, 2004. On December 17, 2004, the Commission issued an order in the above-docketed proceeding. The Commission's order institutes a proceeding in Docket No. EL05-41-000 under section 206 of the Federal Power Act with respect to the justness and reasonableness of the market based rates of Xcel Energy Services, Inc. and Southwest Power Pool, Inc. The refund effective date in Docket No. EL05-41-000, established pursuant to section 206(b) of the Federal Power Act will be 60 days following publication of this notice in the **Federal Register.** Magalie R. Salas, Secretary. [FR Doc. E4-3849 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-46-000] Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC v. Consolidated Edison Company of New York, Inc.; Notice of Complaint December 22, 2004. Take notice that on December 20, 2004, Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC (collectively, Entergy Nuclear-Northeast) filed a complaint against Consolidated Edison Company of New York, Inc. (Con Edison) alleging that Con Edison is charging Entergy Nuclear-Northeast unlawful local distribution charges associated with deliveries of unbundled station power. Entergy Nuclear-Northeast certifies that copies of the complaint were served on the contacts for Con Edison as listed on the Commission's list of Corporate Officials and on the New York Public Service Commission. 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. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. 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:* January 11, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E4-3882 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-26-000, et al.] Southaven Holdings, LLC, et al.; Electric Rate and Corporate Filings December 20, 2004. The following filings have been made with the Commission and are listed within. 1. Southaven Holdings, LLC [Docket No. EC05-26-000] Take notice that on December 10, 2004, Southaven Holdings, LLC (Holdings) tendered for filing, pursuant to section 203 of the Federal Power Act, 16 U.S.C. 824b (2000), and part 33 of the Commission's regulations, 18 CFR part 33 (2004), an application requesting Commission authorization for the disposition of jurisdictional facilities arising from the transfer of 100 percent of the upstream ownership interests in Southaven Power, LLC (a public utility) to Holdings, a newly-created special purpose entity owned by a group of financial institutions that have outstanding loans to Southaven Power, LLC. Southaven Holdings, LLC explains that the proposed transfer may occur either through a foreclosure or a consensual transfer made through a work-out process. *Comment Date:* 5 p.m. Eastern Time on January 3, 2005. 2. NorthWestern Energy, NorthWestern Energy Marketing, LLC [Docket Nos. ER03-329-006, ER02-41-006] Take notice that on December 13, NorthWestern Energy, and NorthWestern Energy Marketing, LLC tendered for filing their triennial review in compliance with the Commission's orders in MP Energy, Inc., *et al.* , Docket No. ER97-399-000 *et al.* , 78 FERC ¶ 61, 005

(1997)and NorthWestern Energy Marketing, LLC, Docket No. ER02-41-000, Letter Order (January 22, 2002). *Comment Date:* 5 p.m. Eastern Time on January 3, 2005. 3. New York Independent System Operator, Inc. [Docket Nos. ER03-552-010, ER03-984-008] Take notice that on November 30, 2004, the New York Independent System Operator, Inc. (NYISO) submitted a compliance filing pursuant to the Commission's Order issued June 2, 2004 in Docket No. ER03-552-006, *et al.* , 107 FERC ¶ 51,243. *Comment Date:* 5 pm Eastern Time on January 7, 2005. 4. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-46-001] Take notice that on December 14, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted a revised network integration transmission service agreement between Wabash Valley Power Association, Inc., Midwest Energy Cooperative and the Midwest ISO designated as Second Revised Service Agreement No. 549 under Midwest ISO's, FERC Electric Tariff, Second Revised Volume No. 1. Midwest ISO states that this filing was made to include the Certificates of Concurrence. Midwest ISO requests an effective date of October 1, 2004. Midwest ISO states that a copy of this filing has been served on all parties on the official service list compiled by the Secretary in this proceeding. *Comment Date:* 5 p.m. Eastern Time on January 4, 2005. 5. Public Service Company of New Hampshire [Docket No. ER04-1238-001] Take notice that on December 13, 2004, Northeast Utilities Service Company (NUSCO) on behalf of Public Service Company of New Hampshire (PSNH), filed its response to Federal Energy Regulatory Commission Questions dated October 29, 2004 pertaining to the executed Distribution Interconnection and Operating 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 Generators) that was filed on September 23, 2004. NUSCO states that a copy of this filing has been sent to the Generators. *Comment Date:* 5 p.m. Eastern Time on January 3, 2005. 6. Riverside Generating Company, L.L.C. [Docket No. ER05-328-000] Take notice that on December 14, 2004, Riverside Generating Company L.L.C. (Riverside) submitted for filing a rate schedule under which it specifies its revenue requirement for providing cost-based reactive support and voltage control from generation sources within the American Electric Power Service Corporation (AEPSC) control area and under Schedule 2 of the PJM Interconnection, L.L.C.

(PJM)open access transmission tariff. Riverside requests an effective date of February 1, 2005. Riverside states that it has provided copies of the filing to the designated corporate officials and or representatives of AEPSC, PJM and the Kentucky Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on January 4, 2005. 7. Duke Energy Corporation [Docket No. ER05-329-000] Take notice that on December 14, 2004, Duke Energy Corporation, on behalf of Duke Electric Transmission, (collectively, Duke) submitted an unexecuted facilities study agreement and an unexecuted large generator interconnection agreement between it and Forsyth Energy Projects, LLC (Forsyth), which are designated as service agreements No. 336 and 337 under Duke Electric Transmission, FERC Electric Tariff, Third Revised Volume No. 4. Duke states that copies of the filings were served upon Forsyth and the South Carolina and North Carolina state public service commissions. *Comment Date:* 5 p.m. Eastern Time on January 4, 2005. 8. City Power Marketing, LLC [Docket No. ER05-330-000] Take notice that on December 14, 2004, City Power Marketing, LLC (City Power) petitioned the Commission for acceptance of City Power's Rate Schedule FERC 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. City Power states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer. City Power further states that it is not in the business of generating or transmitting electric power. City Power requests an effective date of December 14, 2004. *Comment Date:* 5 p.m. Eastern Time on January 4, 2005. 9. Promet Energy Partners LLC [Docket No. ER05-331-000] Take notice that on December 14, 2004, Promet Energy Partners LLC (Promet) petitioned the Commission for acceptance of Promet's Rate Schedule FERC 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. Promet states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer. Promet further states that it is not in the business of generating or transmitting electric power and has no affiliates. *Comment Date:* 5 p.m. Eastern Time on January 4, 2005. 10. Robert G. Schoenberger [Docket No. ID-4154-001] Take notice that on December 13, 2004, Robert G. Schoenberger tendered for filing an applicaton for authority to hold interlocking positions between Southwest Power Pool and Unitil Corporation. *Comment Date:* 5 p.m. Eastern Time on January 12, 2005. 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 email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3860 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-22-000, et al.] Mirant Oregon, et al.; Electric Rate and Corporate Filings December 21, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Mirant Oregon, Avista [Docket Nos. EC05-22-000, ER99-1435-007, ER02-1331-005] Take notice that on December 17, 2004, Mirant Oregon, LLC (Mirant Oregon) and Avista Corporation d/b/a/ Avista Utilities (Avista Utilities (collectively, Applicants) filed with the Commission an supplemental information regarding it application filed November 23, 2004, seeking Commission authorization with respect to the disposition of jurisdictional facilities associated with the transfer to Avista Utilities of Mirant Oregon's 50 percent ownership interest in Coyote Springs 2. *Comment Date:* 5 p.m. Eastern Time on January 3, 2005. 2. FortisOntario, Inc., FortisUS Energy Corporation [Docket Nos. ER03-775-003, ER00-136-002] Take notice that on December 15, 2004, FortisOntario, Inc. and FortisUS Energy Corporation (collectively, the Fortis Entities) submitted a filing in response to the Commission's November 24, 2004 deficiency letter in Docket Nos. ER03-775-002 and ER00-136-001. The Fortis Entities state that copies of the filing were served on parties on the official service list in the above-captioned proceedings. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 3. Commonwealth Edison Company [Docket No. ER04-718-012] Take notice that on December 15, 2004, Commonwealth Edison Company (Edison) submitted a compliance filing pursuant to the Commission's Order issued October 28, 2004, 109 FERC ¶ 61,094 (2004). *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 4. NewCorp Resources Electric Cooperative, Inc. [Docket No. ER04-1149-002] Take notice that on December 14, 2004, NewCorp Resources Electric Cooperative, Inc. (NewCorp) submitted a refund report in compliance with the Commission's order issued October 29, 2004 in Docket Nos. ER04-1149-000 and ER04-1149-001, 109 FERC ¶ 61,103. *Comment Date:* 5 p.m. Eastern Time on January 4, 2005. 5. Midwest Independent Transmission System, Ameren Services Co. [Docket Nos. ER05-6-003, EL04-135-005, EL02-111-022, EL03-212-019] Take notice that on December 16, 2004, Duke Energy North America, LLC

(Duke)Submitted a hubbing adjustment for the Duke Energy Vermillion, LLC and Duke Energy Washington, LLC control area. Duke has requested that certain portions of the filing be given confidential treatment pursuant to 18 CFR 388.12. Duke states that copies of the public version of the filing were served upon the official service list in the above-captioned proceeding. *Comment Date:* 5 p.m. Eastern Time on January 7, 2005. 6. Midwest Independent Transmission System Operator, Inc.; Midwest Independent Transmission System Operator, Inc.; Midwest Independent Transmission System Operator, Inc.; Ameren Services Co., et al. [Docket No. ER05-6-009, Docket No. EL04-135-011, Docket No. EL02-111-028, Docket No. EL03-212-025] Take notice that on December 17, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) and Midwest ISO Transmission Owners (collectively Applicants) jointly submitted for filing revisions to proposed Schedule 22 of the Midwest ISO Open Access Transmission Tariff submitted on November 24, 2004 in compliance with the Commission's November 18, 2004 order in Docket Nos. ER05-6, EL04-135, EL02-111, and EL03-212, *Midwest Indep. Transmission Sys. Operator, Inc.,* 109 FERC ¶ 61,168 (2004). Applicants 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 January 7, 2005. 7. Sirius Investment Management, Inc. [Docket No. ER05-71-001] Take notice that on December 15, 2004, Sirius Investment Management, Inc. (Sirius) tendered for filing proposed changes in its FERC Electric Service Tariff, Volume No. 1 in response to the Commission's October 26, 2004 deficiency letter. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 8. Klondike Wind Power II LLC [Docket No. ER05-332-000] Take notice that on December 14, 2004, Klondike Wind Power II LLC (Klondike II) tendered for filing an application for authorization to sell energy, capacity and ancillary services at market-based rates. Klondike II requests waiver of certain Commission regulations and the granting of certain blanket approvals. *Comment Date:* 5 p.m. Eastern Time on January 4, 2005. 9. Nevada Power Company [Docket No. ER05-334-000] Take notice that on December 15, 2004, Nevada Power Company tendered for filing an executed Service Agreement for Network Integration Transmission Service Retail Access Transmission Service (Transmission Service Agreement) between Nevada Power Company; Public Service Company of New Mexico, Scheduling Coordinator; the Colorado River Commission of Nevada, Aggregator for End Use Customer; and the Southern Nevada Water Authority, End-Use Customer and an executed Network Operating Agreement between Nevada Power Company and Public Service Company of New Mexico. Nevada Power Company requests an effective date of February 1, 2005. *Comment Date:* 5 p.m. Eastern Time on January 15, 2005. 10. Southern California Edison Company [Docket No. ER05-335-000] Take notice that on December 15, 2004, Southern California Edison Company

(SCE)submitted for filing an Interconnection Facilities Agreement (Interconnection Agreement), Service Agreement No. 131 under SCE's Wholesale Distribution Access Tariff (WDAT), FERC Electric Tariff, First Revised Volume No. 5, and an associated Service Agreement for Wholesale Distribution Service (WDAT Service Agreement), Service Agreement No. 132 under the WDAT, between SCE and the March Joint Powers Utility Authority (March JPUA). SCE states that copies of the filing were served upon the Public Utilities Commission of the State of California and March JPUA. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 11. Florida Power & Light Company [Docket No. ER05-336-000] Take notice that on December 15, 2004, Florida Power & Light Company

(FLP)submitted Service Agreement No. 232 for the provision of long-term transmission service to the Georgia Transmission Corporation as well as a Notice of Cancellation for Service Agreement No. 219 among the same parties. FLP states that copies of the filing were served upon the Georgia Transmission Corporation and the Public Service Commission of the State of Florida. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 12. Central Hudson Gas & Electric Corporation [Docket No. ER05-337-000] Take notice that on December 15, 2004 Central Hudson Gas & Electric Corporation (Central Hudson) tendered for filing proposed changes in its Rate Schedule FERC No. 202 which sets forth the terms and changes for substation service provided by Central Hudson to Consolidated Edison Company of New York, Inc. Central Hudson requests waiver on the notice requirements set forth in 18 CFR 35.11 of the regulations to permit the charges to become effective January 1, 2004 as agreed to by the parties. Central Hudson states that a copy of its filing was served on Consolidated Edison Company of New York, Inc. and the State of New York Public Service Commission. *Comment Date:* 5 p.m. Eastern Standard Time on January 5, 2005. 13. American Electric Power Service Corporation [Docket No. ER05-338-000] Take notice that on December 15, 2005, American Electric Power Service Corporation (AEPSC), submitted for filing Notices of Cancellation for a Network Operating Agreement and a Network Service Agreement between Northeast Texas Electric Cooperative, Inc.

(NTEC)and Central and South West Services, Inc., designated Agent for Central Power and Light Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, and West Texas Utilities Company. AEPSC requests an effective date of December 31, 2004 for the cancellations. AEPSC states it has served copies of the filing on NTEC and the Public Utility Commission of Texas, the Oklahoma Corporation Commission, the Louisiana Public Service Commission and the Arkansas Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 14. PacifiCorp [Docket No. ER05-339-000] Take notice that on December 15, 2004, PacifiCorp tendered for filing a Notice of Cancellation of PacifiCorp's Rate Schedule FERC No. 264 to be effective December 31, 2004. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, Avista Corp, Idaho Power Company, and NorthWestern Energy. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 15. PacifiCorp [Docket No. ER05-340-000] Take notice that on December 15, 2004, PacifiCorp tendered for filing a Notice of Cancellation of PacifiCorp's Rate Schedule FERC No. 255 to be effective December 31, 2004. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, Pacific Gas & Electric Company and Southern California Edison Company. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 16. CMS Generation Michigan Power L.L.C. [Docket No. ER05-341-000] Take notice that on December 15, 2004, CMS Generation Michigan Power L.L.C. (CMSGMP) tendered for filing a rate schedule pursuant to which it will provide Reactive Power and Voltage Control from Generation Sources to Michigan Electric Transmission Co., L.L.C.

(METC)or Midwest Independent System Operator, Inc. (MISO). CMSGMP requests an effective date of January 1, 2005. CMSGMP states that a copy of the filing was served upon METC, MISO and the Michigan Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 17. American Electric Power Service Corporation [Docket No. ER05-342-000] Take notice that on December 15, 2004, American Electric Power Service Corporation (AEPSC) filed with the Commission a Notices of Cancellation of a Network Operating Agreement and a Network Service Agreement between East Texas Electric Cooperative, Inc.

(ETEC)and Central and South West Services, Inc., designated Agent for Central Power and Light Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, and West Texas Utilities Company. AEPSC seeks an effective date of December 31, 2004 for the cancellations. AEPSC states it has served copies of this filing on ETEC, the Public Utility Commission of Texas, the Oklahoma Corporation Commission, the Louisiana Public Service Commission and the Arkansas Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 18. California Independent System Operator Corporation [Docket No. ER05-346-000] Take notice that on December 15, 2004, the California Independent System Operator Corporation

(ISO)tendered for filing its Grid Management Charge

(GMC)rate to recover its administrative and operating costs. The ISO is requesting and effective date of January 1, 2005. The ISO states that this filing has been served on the Public Utilities Commission of California, the California Energy Commission, the California Electricity Oversight Board, and upon all parties with effective Scheduling Coordinator Service Agreements under the ISO Tariff. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 19. Rainbow Energy Marketing Corporation [Docket No. ER94-1061-025] Take notice that on December 15, 2004, Rainbow Energy Marketing Corporation (Rainbow) tendered for filing an amendment to its FERC Electric Tariff, Original Volume No. 1 to allow, among other things, Rainbow to:

(1)Sell ancillary services at wholesale at market-based rates,

(2)reassign transmission capacity in accordance with the conditions established by the Commission ; and

(3)unilaterally modify the tariff. Rainbow states that the filing complies with the Commission's November 17, 2003, order in Docket No. EL01-118 which established six Market Behavior Rules to be included in each market-based rate tariff and also complies with Order No. 614. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 20. The Empire District Electric Company [Docket No. ER99-1757-006] Take notice that on December 15, 2004, The Empire District Electric Company (Empire District), pursuant to the Commission's deficiency letter order dated November 24, 2004, filed an amendment to the September 27, 2004 filing of Empire District's generation market power study. *Comment Date:* 5 p.m. Eastern Time on January 5, 2005. 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 email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3861 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 2181-014 and 2697-014 Wisconsin] Northern States Power Company; Notice of Availability of Environmental Assessment December 21, 2004. In accordance with the National Environmental Policy Act of 1969, as amended, and Federal Energy Regulatory Commission (18 CFR part 380), Commission staff have reviewed the license applications for the Menomonie and Cedar Falls projects (FERC Project Nos. 2181 and 2697) and have prepared an environmental assessment (EA). The projects are located on the Red Cedar River in Dunn County, Wisconsin. Northern States Power Company (d/b/a Xcel Energy) has requested Commission approval of the applications for new license along with the Red Cedar River Settlement Agreement (SA). This EA analyzes the potential environmental effects of relicensing the projects and the implementation of the SA, and concludes that issuing new licenses for the projects with appropriate environmental measures would not constitute a major federal action significantly affecting the quality of the human environment. Copies of the EA are available for review in Public Reference Room 2-A of the Commission's offices at 888 First Street, NE., Washington, DC. The EA also may be viewed on the Commission's Internet Web site ( *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 with eLibrary, contact *FERCONlineSupport@ferc.gov* or call toll-free at

(866)208-3676; for TTY, contact

(202)502-8659. Any comments on the EA should be filed within 30 days of the date of this notice and should be addressed to Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please reference “Menomonie Project No. 2181-014 and Cedar Falls Project No. 2697-014” on all comments. Comments may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. For further information, contact John Ramer at

(202)502-8969. Magalie R. Salas, Secretary. [FR Doc. E4-3852 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2114-003, 064] Public Utility District No. 2 of Grant County; Notice of Availability of Final Environmental Assessment December 21, 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 Office of Energy Projects has reviewed the application for implementation of an Interim Protection Plan

(IPP)for steelhead and chinook salmon and an application for approving an Offer of Settlement and Memorandum of Agreement

(MOA)on providing downstream passage for juvenile salmonids for the Priest Rapids Hydroelectric Project. Following a review of the IPP and MOA the Commission has prepared a Final Environmental Assessment

(FEA)for the project. On December 16, 2004, the Director of the Commission's Office of Energy Projects issued an Order Amending License and Terminating Proceedings; FEA was attached to the Order. The project is located on the Columbia River in Grant, Yakima, Kittitas, Douglas, Benton, and Chelan Counties. The FEA contains staff's analysis of the potential environmental impacts associated with the implementation of the IPP and MOA. The FEA recommends that the Public Utility District No. 2 of Grant County (licensee for the project) implement the National Oceanographic and Atmospheric Administration's (NOAA Fisheries) Reasonable and Prudent Alternative (RPA), as prepared in NOAA Fisheries Biological Opinion on the proposed action, as well as the summer spill as proposed in the MOA. The FEA concludes that the RPA would not constitute a major federal action that would significantly affect the quality of the human environment. The FEA is on file with the Commission and available for public inspection. Copies of the EA are available for review in the Public Reference Room at the Commission's offices at 888 First Street, NE., Washington, DC. The FEA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. For assistance, contact FERC On Line Support at *FERCOnlineSupport@ferc.gov* or call toll free at

(866)208-3676, or for TTY contact

(202)502-8659. For further information, please contact Andrea Shriver at

(202)502-8171. Magalie R. Salas, Secretary. [FR Doc. E4-3851 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD04-13-000] Assessing the State of Wind Energy in Wholesale Electricity Markets; Notice Requesting Post-Technical Conference Comments December 21, 2004.On December 1, 2004, the Federal Energy Regulatory Commission (Commission or FERC) held a technical conference in the above referenced docket to assess the state of wind energy in wholesale electricity markets. Specifically, the conference focused on potential policy changes that would better accommodate the participation of wind energy in wholesale electricity markets. The conference concluded with a list of action items, a summary of which is attached. To the extent items are absent from the list, parties may supplement the list in written comments as discussed below. Commission staff plans to proceed on the list of action items, starting with exploring elimination of Order No. 888 imbalance penalties and then progressing to development of new transmission services. For this latter effort, Commission staff, as discussed at the December 1 conference, will initially work with staff of the Bonneville Power Administration. Interested persons are invited to file post-technical conference comments, including comments on the actions items listed in the attachment, the staff paper and any other topic relevant to this proceeding. These comments must be filed with the Commission no later than 5 p.m. Eastern Standard Time

(EST)on January 28, 2005. A transcript of the technical conference is available from the Commission's Web site, *http://www.ferc.gov;* and the Commission staff paper entitled *Staff Briefing Paper: Assessing the State of Wind Energy in Wholesale Electricity Markets* has been posted to the Commission's Web site and is available at: *http://www.ferc.gov/legal/ferc-regs/land-docs/11-04-wind-report.pdf.* For more information about this Notice, please contact Jignasa Gadani at 202-502-8608, *jignasa.gadani@ferc.gov.* Magalie R. Salas, Secretary. Attachment At the conference, several parties requested action on various items by the Commission and/or other entities. The action items discussed at the conference include: Transmission Rates and Services • Should FERC reevaluate the imbalance penalties under the Order No. 888 *pro forma* transmission tariff? Based upon its evaluation the Commission could determine whether it is appropriate to modify its policy on imbalances. Potential solutions include: ○ Eliminating imbalance penalties for intermittent resources (while keeping non-punitive charges that reflect only the costs imposed by imbalances). ○ Allowing intermittent resources scheduling flexibility in order to minimize imbalance penalties. ○ Pricing imbalances on avoided cost and/or to aggregate imbalances over a greater time period and allow for netting and trading. • Should existing regional grid operators evaluate the applicability of tariff provisions on imbalance charges currently in place in the California Independent System Operator Corporation's (CAISO's) service territory to other regions? • Can improved wind generation forecasts help reduce imbalance penalties? What state-of-the-art forecast methodologies are available? Industry forecasters are encouraged to propose state-of-the-art parameters to be used as a benchmark. • How can FERC and the industry increase utilization of existing transmission facilities? Potential options could include, but are not limited to: ○ A common definition of the needs and wants of the industry in relation to the development of innovative transmission services under *pro forma* transmission tariffs. ○ Partial Firm Transmission Service. o Curtailable Firm Transmission Service. ○ Long-term Non-firm Transmission Service. • Should FERC seek to develop an alternative to the transmission access queue? First-come-first-served may not be the most appropriate option. Potential solutions could include: ○ Clustering. ○ Open Season. • In what ways should FERC and the industry seek to eliminate rate pancaking? • Should FERC address allocation of new transmission capacity costs across seams? • Should FERC update its abandoned plant policy to enable transmission owners to recover costs when building in excess of their current needs in anticipation of interconnection by generators? • Should FERC examine the possibility of adopting a new transmission interconnection category—a “Renewable Resource Trunk Facility” that would not be treated as a generation tie and would be rolled into rates? • Utilities that have existing policies and procedures in place that accommodate wind resources should identify which provisions have been proven to work, which have not, and any operational data in support. Transmission Planning • Order No. 888 pro forma tariff provisions 13.5 and 28.2 address a Transmission Provider's obligations in response to requests for service, continued reliable operations, planning, and construction and/or redispatch. How effective are these provisions of the tariff? Do they need to be revisited? Should these provisions somehow provide for regional planning and expansion; and if so, how might this be accomplished outside an ISO or RTO? State Support • In what ways should FERC work with States on their preferences for Renewable Portfolio Standards

(RPS)and Renewable Energy Credits (RECs)? How can the Commission develop policies that will assist utilities in meeting diverse State renewable requirements? Tribal Consultation • What issues do Indian tribes face in developing wind energy and bringing it to wholesale markets? • What are the wind energy development issues in which FERC and Indian tribes should be consulting? Capacity Value for Wind Resources • Should benchmark criteria be established for use in developing capacity credits for State-administered reserve margins and capacity requirements? • Should FERC advocate the use of the Effective Load Carrying Capability method of determining the capacity value of intermittent resources? Other Please comment on the following issues raised at the conference: • The suggestion that FERC staff review the results of the Western Area Power Administration's wind transmission study results to analyze the transmission capacity credits for wind resources. • Should FERC, in conjunction with the Western Interstate Energy Board and the U.S. Department of Energy's National Renewable Energy Laboratory, analyze and compare actual transmission flows against Available Transmission Capacity? • How can the Commission monitor the secondary market for transmission service and develop methods in which to spur activity in this market? • How can FERC counter the difficulty of funding long-term regional transmission planning in non-RTO regions? • Should the U.S. Department of Energy increase funding for energy storage technology? If so, would this benefit the grid operations as wind is added to the grid, by increasing the ability to accommodate the diurnal/nocturnal nature of wind use and maximize capacity? • How can the industry seek better data standards? Will better quality data on transmission availability assist in gaining an appropriate picture of the operational aspects of existing transmission facilities? • How can the industry develop standards that govern wind integration cost studies? • What regional planning efforts should the industry undertake in order to develop better methods of cost support and cost recovery? • Should programmatic assessment or evaluation of transmission corridors be undertaken by the Bureau of Land Management, Department of Agriculture, and the U.S. Department of Energy? • Should the government explore increasing its funding of weather data sites to expand beyond airport facilities to areas with high wind potential and why? [FR Doc. E4-3859 Filed 12-28-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7856-2] Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption—Class I Hazardous Waste Injection; Onyx Environmental Services, L.L.C.

(Onyx)AGENCY: Environmental Protection Agency. ACTION: Notice of final decision on exemption reissuance. SUMMARY: Notice is hereby given that reissuance of an exemption to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act has been granted to Onyx, for the Class I injection well located at Port Arthur, Texas. As required by 40 CFR part 148, the company has adequately demonstrated to the satisfaction of the Environmental Protection Agency by petition and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This final decision allows the continued underground injection by Onyx, of the specific restricted hazardous waste identified in the exemption reissuance, into the Class I hazardous waste injection well at the Port Arthur, Texas facility specifically identified in the reissued exemption until November 30, 2018, as long as the basis for granting an approval of this exemption remains valid, under provisions of 40 CFR 148.24. If Onyx wishes to continue underground injection of restricted hazardous waste beyond November 30, 2018, a reissuance request must be submitted. As required by 40 CFR 148.22(b) and in accordance with the procedures in 40 CFR 124.10, a public notice was issued October 25, 2004. The public comment period closed on December 10, 2004. EPA received no comments. This decision constitutes final Agency action and there is no Administrative appeal. DATES: This action is effective as of December 17, 2004. ADDRESSES: Copies of the petition for exemption reissuance and all pertinent information relating thereto are on file at the following location: Environmental Protection Agency, Region 6, Water Quality Protection Division, Source Water Protection Branch (6WQ-S), 1445 Ross Avenue, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Philip Dellinger Chief, Ground Water/UIC Section, EPA—Region 6, telephone

(214)665-7165. Dated: December 21, 2004. Sharon Fancy Parrish, Acting Director, Water Quality Protection Division, EPA Region 6. [FR Doc. 04-28496 Filed 12-28-04; 8:45 am]

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