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Code · REGISTER · 2005-01-12 · DEPARTMENT OF ENERGY · Notices

Notices. Notice of opportunity for public hearing and request for public comment

18,753 words·~85 min read·/register/2005/01/12/05-628

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BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER96-2495-020, ER96-2495-021, ER96-2495-022, ER96-2495-023, ER97-4143-008, ER97-4143-009, ER97-4143-010, ER97-4143-011, ER97-1238-015, ER97-1238-016, ER97-1238-017, ER97-1238-018, ER98-2075-014, ER98-2075-015, ER98-2075-016, ER98-2075-017, ER98-542-010, ER98-542-011, ER98-542-012, ER98-542-013, EL04-131-000 (Not consolidated)] AEP Power Marketing, Inc., AEP Service Corporation, CSW Power Marketing, Inc., CSW Energy Services, Inc., Central and South West Services, Inc.;
Notice of Initiation of Proceeding and Refund Effective Date December 28, 2004. On August 9, 2004, as amended on August 10, 2004, September 16, 2004 and November 19, 2004, the American Electric Power Service Corporation, on behalf of AEP Power Marketing, Inc., AEP Service Corporation, CSW Power Marketing, Inc., CSW Energy Services, Inc., and Central and South West Services, Inc. (collectively, AEP) submitted for filing generator power market screens in compliance with the Commission's orders issued April 14, 2004, and July 8, 2004.
On December 17, 2004, the Commission issued an order addressing these filings in Docket Nos. ER96-2495-020, *et al.* (not consolidated). The Commission's order institutes a proceeding in Docket No. EL04-131-000 under section 206 of the Federal Power Act with respect to the justness and reasonableness of AEP's market-based rates. The refund effective date in Docket No. EL04-131-000, 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. E5-85 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER05-48-000] Calpine Bethpage 3, LLC; Notice of Issuance of Order January 5, 2005. Calpine Bethpage 3, LLC (Calpine Bethpage) filed an application for market-based rate authority, with an accompanying rate tariff. The proposed rate tariff provides for wholesale sales of energy and capacity at market-based rates. Calpine Bethpage also requested waiver of various Commission regulations.
In particular, Calpine Bethpage requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Calpine Bethpage. On January 3, 2005, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Calpine Bethpage should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004).
Notice is hereby given that the deadline for filing motions to intervene or protest, is February 2, 2005. Absent a request to be heard in opposition by the deadline above, Calpine Bethpage 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 Calpine Bethpage, 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 Calpine Bethpage's issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link.
Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E5-110 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No.
RP05-140-000] Columbia Gas Transmission Corporation; Notice of Revenue Credit Report January 5, 2005. Take notice that on December 30, 2004, Columbia Gas Transmission Corporation (Columbia) tendered for filing a penalty revenue crediting report pursuant to section 19.6 of the General Terms and Conditions
(GTC)of its FERC Gas Tariff, Second Revised Volume No. 1. Columbia states that it is providing the attached penalty revenue crediting report for the 2003-2004 contract year. 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 on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. 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. *Protest Date:* 5 p.m. eastern time on January 13, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-78 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-141-000] Crossroads Pipeline Company; Notice of Revenue Credit Report January 5, 2005. Take notice that on December 30, 2004, Crossroads Pipeline Company (Crossroads) its Penalty Revenue Crediting Report pursuant to section 19.6 of the General Terms and Conditions
(GTC)of its FERC Gas Tariff, First Revised Volume No. 1. Crossroads states that it is providing the attached Penalty Revenue Crediting Report for the 2003-2004 contract year. 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. *Protest Date:* 5 p.m., eastern time on January 13, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-79 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP03-80-001] Eastern Shore Natural Gas Company; Notice Of Application January 6, 2005. Take notice that on December 22, 2004, Eastern Shore Natural Gas Company, (Eastern Shore), 417 Bank Lane, Dover, Delaware 19904, filed in Docket No. CP03-80-001 an application pursuant to section 7(c) of the Natural Gas Act (NGA), for a certificate of public convenience and necessity to amend the certificate issued in Docket No. CP03-80-000 by a Commission order dated October 8, 2003. Eastern Shore explains that its instant application seeks to modify its proposal to construct and operate certain pipeline facilities in Delaware and Pennsylvania in order to provide additional firm transportation capacity on its system. Eastern Shore states that its customers have re-evaluated their needs for the winter of 2005 and have determined that they will need an additional 7,450 Dth per day of capacity on Eastern Shore's system above that previously contracted for. Therefore, Eastern Shore requests authority to construct and operate 20.98 miles of pipeline looping and extensions on its system. This filing may be viewed on the Commission's Web site at *http://www.gov* using the “FERRIS” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call
(202)502-8222 or for TTY, call
(202)208-1659. Any questions regarding the application may be directed to Eric M. Pearson, Manager of Engineering, Eastern Shore Natural Gas Company, 417 Bank Lane, Dover, Delaware 19904, at
(302)734-6710, ext. 6506. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) and the regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. Comments and protests 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 website under the “e-Filing” link. The Commission strongly encourages intervenors to file electronically. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of environmental documents, and will be able to participate in meetings associated with the Commission's environmental review process. Commenters will not be required to serve copies of filed documents on all other parties. However, Commenters will not receive copies of all documents filed by other parties or issued by the Commission, and will not have the right to seek rehearing or appeal the Commission's final order to a Federal court. The Commission will consider all comments and concerns equally, whether filed by commenters or those requesting intervener status. *Comment Date:* January 21, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-104 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-143-000] Great Lakes Gas Transmission Limited Partnership; Notice of Proposed Changes in FERC Gas Tariff January 5, 2005. Take notice that on December 30, 2004, Great Lakes Gas Transmission Limited Partnership (Great Lakes) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, to become effective February 1, 2005: Fourth Revised Sheet No. 51, First Revised Sheet No. 57C, Seventh Revised Sheet No. 84, Second Revised Sheet No. 86. Great Lakes states that these tariff sheets are being filed to clarify that Great Lakes may offer a variable MDQ service option under its firm and limited firm transportation services on a not unduly discriminatory basis. Great Lakes states that none of the proposed changes will affect any of Great Lakes' currently effective rates and charges. 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. E5-81 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER04-1221-000] Mankato Energy Center, LLC; Notice of Issuance of Order January 5, 2005. Mankato Energy Center, LLC (Mankato) filed an application for market-based rate authority, with an accompanying rate tariff. The proposed rate tariff provides for wholesale sales of energy, capacity, and ancillary services at market-based rates. Mankato also requested waiver of various Commission regulations. In particular, Mankato requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Mankato. On December 30, 2004, the Commission granted the request for blanket approval under part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Mankato 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). Mankato Energy Center, LLC, 109 FERC 61,381 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest, is January 31, 2005. Absent a request to be heard in opposition by the deadline above, Mankato is authorized to issue securities and assume obligations or liabilities as a guarantor, endorser, 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 Mankato, 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 Mankato'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. E5-108 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-1137-000, ER04-1137-001 and ER04-1137-002] MeadWestvaco Energy Services, L.L.C.; Notice of Issuance of Order January 5, 2005. MeadWestvaco Energy Services, L.L.C.
(MWES)filed an application for market-based rate authority, with an accompanying rate tariff. The proposed rate tariff provides for wholesale sales of energy, capacity, and ancillary services at market-based rates. MWES also requested waiver of various Commission regulations. In particular, MWES requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by MWES. On December 20, 2004, the Commission granted the request for blanket approval under part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by MWES 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). MeadWestvaco Energy Services, L.L.C., 109 FERC 61,290 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest, is January 19, 2005. Absent a request to be heard in opposition by the deadline above, MWES 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 MWES, 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 MWES'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 instruction on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E5-107 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-139-000] Midwestern Gas Transmission Company; Notice of Proposed Changes in FERC Gas Tariff January 5, 2005. Take notice that on December 30, 2004, Midwestern Gas Transmission Company (Midwestern) tendered for filing an Agreement, and as part of its FERC Gas Tariff, Third Revised Volume No. 1, Eleventh Revised Sheet No. 273 tariff sheets, with an effective date of December 31, 2004. Midwestern states the Agreement is being submitted for the Commission's review and information and has been listed on the appropriate tariff sheet as a non-conforming agreement. Midwestern also states that minor housekeeping change also was made to reflect a change in the name of the operator of Midwestern. 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. E5-77 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2207] Mosinee Paper Corporation; Notice of Authorization for Continued Project Operation January 6, 2005. On December 18, 2002, Mosinee Paper Corporation, licensee for the Mosinee Project No. 2207, filed an application for a new or subsequent license pursuant to the Federal Power Act
(FPA)and the Commission's regulations thereunder. Project No. 2207 is located on the Wisconsin River in Marathon County, Wisconsin. The license for Project No. 2207 was issued for a period ending December 31, 2004. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the Commission, at the expiration of a license term, to issue from year to year an annual license to the then licensee under the terms and conditions of the prior license until a new license is issued, or the project is otherwise disposed of as provided in section 15 or any other applicable section of the FPA. If the project's prior license waived the applicability of section 15 of the FPA, then, based on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), if the licensee of such project has filed an application for a subsequent license, the licensee may continue to operate the project in accordance with the terms and conditions of the license after the minor or minor part license expires, until the Commission acts on its application. If the licensee of such a project has not filed an application for a subsequent license, then it may be required, pursuant to 18 CFR 16.21(b), to continue project operations until the Commission issues someone else a license for the project or otherwise orders disposition of the project. If the project is subject to section 15 of the FPA, notice is hereby given that an annual license for Project No. 2207 is issued to Mosinee Paper Corporation for a period effective January 1, 2005 through December 31, 2005, or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before January 1, 2006, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. If the project is not subject to Section 15 of the FPA, notice is hereby given that Mosinee Paper Corporation is authorized to continue operation of the Mosinee Project No. 2207 until such time as the Commission acts on its application for subsequent license. Magalie R. Salas, Secretary. [FR Doc. E5-100 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-144-000] National Fuel Gas Supply Corporation; Notice of Tariff Filing January 5, 2005. Take notice that on December 30, 2004, National Fuel Gas Supply Corporation (National) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, Seventy Second Revised Sheet No. 9, to become effective January 1, 2005. National states that Article II, Sections 1 and 2 of the settlement provide that National will recalculate the maximum Interruptible Gathering
(IG)rate semi-annually and monthly. National further states that section 2 of Article II provides that the IG rate will be the recalculated monthly rate, commencing on the first day of the following month, if the result is an IG rate more than 2 cents above or below the IG rate as calculated under Section 1 of Article II. National indicates that the recalculation produced an IG rate of $0.76 per dth. In addition, National explains that Article III, section 1 states that any overruns of the Firm Gathering service provided by National shall be priced at the maximum IG rate. 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. E5-76 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-433-000, ER04-433-001, ER4-432-000, ER04-432-001] New England Power Pool; Bangor Hydro-Electric Company, et al.; Notice of Extension of Time January 5, 2005. On December 8, 2004, ISO New England Inc.
(ISO)filed a motion for an extension of time to file the intra-zone deliverability compliance filing required by the Commission's order issued November 8, 2004, in the above-docketed proceeding. 109 FERC ¶ 61,155 (2004). In the motion, the ISO requests that the compliance filing date be extended to allow New England Power Pool stakeholders to reach a consensus concerning a workable methodology for determining eligibility for locational installed capacity payments. Upon consideration, notice is hereby given that an extension of time for filing the intra-zone deliverability compliance filing is granted to and including July 1, 2006, as requested by the ISO. Magalie R. Salas, Secretary. [FR Doc. E5-109 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-142-000] Northwest Pipeline Corporation; Notice of Proposed Changes in FERC Gas Tariff January 5, 2005. Take notice that on December 30, 2004, Northwest Pipeline Corporation (Northwest) tendered for filing and acceptance the following tariff sheets as part of its FERC Gas Tariff, Third Revised Volume No. 1, to be effective February 1, 2005: Second Revised Sheet No. 370, Seventh Revised Sheet No. 371, Fourth Revised Sheet No. 372. Northwest states that the purpose of this filing is to change the name of the shipper for 26 service agreements listed as non-conforming service agreements in Northwest's tariff due to the permanent release of these service agreements. 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. E5-80 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-138-000] Northwest Pipeline Corporation; Notice of Proposed Changes in FERC Gas Tariff and Filing of Non-Conforming Service Agreements January 5, 2005. Take notice that on December 23, 2004, Northwest Pipeline Corporation (Northwest) tendered for filing and acceptance five Rate Schedule TF-1 service agreements. Northwest also tendered the following tariff sheets as part of its FERC Gas Tariff, Third Revised Volume No. 1, to be effective January 23, 2005: First Revised Sheet No. 374, Seventh Revised Sheet No. 377, Fourth Revised Sheet No. 378. Northwest states that the purpose of this filing is to:
(1)Submit a nonconforming negotiated rate service agreement and four other non-conforming service agreements for Commission acceptance for filing; and
(2)submit tariff sheets listing these agreements in Northwest's tariff. 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. E5-82 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2005] Oakdale Irrigation District, South San Joaquin Irrigation District; Notice of Authorization for Continued Project Operation January 6, 2005. On December 23, 2002, Oakdale and South San Joaquin Irrigation Districts, licensees for the Beardsley/Donnells Project No. 2005, filed an application for a new or subsequent license pursuant to the Federal Power Act
(FPA)and the Commission's regulations thereunder. Project No. 2005 is located on the Middle Fork of the Stanislaus River in Tuolumne County, California. The license for Project No. 2005 was issued for a period ending December 31, 2004. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the Commission, at the expiration of a license term, to issue from year to year an annual license to the then licensee under the terms and conditions of the prior license until a new license is issued, or the project is otherwise disposed of as provided in section 15 or any other applicable section of the FPA. If the project's prior license waived the applicability of section 15 of the FPA, then, based on Section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), if the licensees of such project have filed an application for a subsequent license, the licensees may continue to operate the project in accordance with the terms and conditions of the license after the minor or minor part license expires, until the Commission acts on their application. If the licensees of such a project have not filed an application for a subsequent license, then they may be required, pursuant to 18 CFR 16.21(b), to continue project operations until the Commission issues someone else a license for the project or otherwise orders disposition of the project. If the project is subject to section 15 of the FPA, notice is hereby given that an annual license for Project No. 2005 is issued to Oakdale and South San Joaquin Irrigation Districts for a period effective January 1, 2005, through December 31, 2005, or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before January 1, 2006, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. If the project is not subject to section 15 of the FPA, notice is hereby given that Oakdale and South San Joaquin Irrigation Districts are authorized to continue operation of the Beardsley/Donnells Project No. 2005 until such time as the Commission acts on their application for subsequent license. Magalie R. Salas, Secretary. [FR Doc. E5-95 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2067] Oakdale Irrigation District, South San Joaquin Irrigation District; Notice of Authorization for Continued Project Operation January 6, 2005. On December 23, 2002, Oakdale and South San Joaquin Irrigation Districts, licensees for the Tulloch Project No. 2067, filed an application for a new or subsequent license pursuant to the Federal Power Act
(FPA)and the Commission's regulations thereunder. Project No. 2067 is located on the Stanislaus River in Tuolumne and Calaveras Counties, California. The license for Project No. 2067 was issued for a period ending December 31, 2004. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the Commission, at the expiration of a license term, to issue from year to year an annual license to the then licensee under the terms and conditions of the prior license until a new license is issued, or the project is otherwise disposed of as provided in section 15 or any other applicable section of the FPA. If the project's prior license waived the applicability of section 15 of the FPA, then, based on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), if the licensees of such project have filed an application for a subsequent license, the licensees may continue to operate the project in accordance with the terms and conditions of the license after the minor or minor part license expires, until the Commission acts on their application. If the licensees of such a project have not filed an application for a subsequent license, then they may be required, pursuant to 18 CFR 16.21(b), to continue project operations until the Commission issues someone else a license for the project or otherwise orders disposition of the project. If the project is subject to section 15 of the FPA, notice is hereby given that an annual license for Project No. 2067 is issued to Oakdale and South San Joaquin Irrigation Districts for a period effective January 1, 2005 through December 31, 2005, or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before January 1, 2006, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. If the project is not subject to section 15 of the FPA, notice is hereby given that Oakdale and South San Joaquin Irrigation Districts are authorized to continue operation of the Tulloch Project No. 2067 until such time as the Commission acts on their application for subsequent license. Magalie R. Salas, Secretary. [FR Doc. E5-96 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2118] Pacific Gas and Electric Company; Notice of Authorization for Continued Project Operation January 6, 2005. On December 26, 2002, Pacific Gas and Electric Company, licensee for the Donnells-Curtis Transmission Line Project No. 2118, filed an application for a new or subsequent license pursuant to the Federal Power Act
(FPA)and the Commission's regulations thereunder. Project No. 2118 is located in Tuolumne County, California. The license for Project No. 2118 was issued for a period ending December 31, 2004. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the Commission, at the expiration of a license term, to issue from year to year an annual license to the then licensee under the terms and conditions of the prior license until a new license is issued, or the project is otherwise disposed of as provided in section 15 or any other applicable section of the FPA. If the project's prior license waived the applicability of section 15 of the FPA, then, based on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), if the licensee of such project has filed an application for a subsequent license, the licensee may continue to operate the project in accordance with the terms and conditions of the license after the minor or minor part license expires, until the Commission acts on its application. If the licensee of such a project has not filed an application for a subsequent license, then it may be required, pursuant to 18 CFR 16.21(b), to continue project operations until the Commission issues someone else a license for the project or otherwise orders disposition of the project. If the project is subject to section 15 of the FPA, notice is hereby given that an annual license for Project No. 2118 is issued to Pacific Gas and Electric Company for a period effective January 1, 2005, through December 31, 2005, or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before January 1, 2006, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. If the project is not subject to section 15 of the FPA, notice is hereby given that Pacific Gas and Electric Company is authorized to continue operation of the Donnells-Curtis Transmission Line Project No. 2118 until such time as the Commission acts on its application for subsequent license. Magalie R. Salas, Secretary. [FR Doc. E5-97 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2130] Pacific Gas and Electric Company; Notice of Authorization for Continued Project Operation January 6, 2005. On December 26, 2002, Pacific Gas and Electric Company, licensee for the Spring Gap-Stanislaus Project No. 2130, filed an application for a new or subsequent license pursuant to the Federal Power Act
(FPA)and the Commission's regulations thereunder. Project No. 2130 is located on the South and Middle Forks of the Stanislaus River in Calaveras and Tuolumne Counties, California. The license for Project No. 2130 was issued for a period ending December 31, 2004. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the Commission, at the expiration of a license term, to issue from year to year an annual license to the then licensee under the terms and conditions of the prior license until a new license is issued, or the project is otherwise disposed of as provided in section 15 or any other applicable section of the FPA. If the project's prior license waived the applicability of section 15 of the FPA, then, based on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), if the licensee of such project has filed an application for a subsequent license, the licensee may continue to operate the project in accordance with the terms and conditions of the license after the minor or minor part license expires, until the Commission acts on its application. If the licensee of such a project has not filed an application for a subsequent license, then it may be required, pursuant to 18 CFR 16.21(b), to continue project operations until the Commission issues someone else a license for the project or otherwise orders disposition of the project. If the project is subject to section 15 of the FPA, notice is hereby given that an annual license for Project No. 2130 is issued to Pacific Gas and Electric Company for a period effective January 1, 2005 through December 31, 2005, or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before January 1, 2006, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. If the project is not subject to section 15 of the FPA, notice is hereby given that Pacific Gas and Electric Company is authorized to continue operation of the Spring Gap-Stanislaus Project No. 2130 until such time as the Commission acts on its application for subsequent license. Magalie R. Salas, Secretary. [FR Doc. E5-98 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2233] Portland General Electric Company; Notice of Authorization for Continued Project Operation January 6, 2005. On December 27, 2002, Portland General Electric Company and Blue Heron Paper Company, licensees for the Willamette Falls Project No. 2233, filed an application for a new or subsequent license pursuant to the Federal Power Act
(FPA)and the Commission's regulations thereunder. On November 17, 2003, the Commission issued an order approving the transfer of the project license from Portland General Electric Company and Blue Heron Paper Company to Portland General Electric Company effective August 15, 2003. Project No. 2233 is located on the Willamette River in Oregon City and West Linn, Oregon. The license for Project No. 2233 was issued for a period ending December 31, 2004. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the Commission, at the expiration of a license term, to issue from year to year an annual license to the then licensee under the terms and conditions of the prior license until a new license is issued, or the project is otherwise disposed of as provided in section 15 or any other applicable section of the FPA. If the project's prior license waived the applicability of section 15 of the FPA, then, based on Section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), if the licensee of such project has filed an application for a subsequent license, the licensee may continue to operate the project in accordance with the terms and conditions of the license after the minor or minor part license expires, until the Commission acts on its application. If the licensee of such a project has not filed an application for a subsequent license, then it may be required, pursuant to 18 CFR 16.21(b), to continue project operations until the Commission issues someone else a license for the project or otherwise orders disposition of the project. If the project is subject to section 15 of the FPA, notice is hereby given that an annual license for Project No. 2233 is issued to Portland General Electric Company for a period effective January 1, 2005, through December 31, 2005, or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before January 1, 2006, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. If the project is not subject to section 15 of the FPA, notice is hereby given that Portland General Electric Company is authorized to continue operation of the Willamette Falls Project No. 2233 until such time as the Commission acts on its application for subsequent license. Magalie R. Salas, Secretary. [FR Doc. E5-101 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2149-119] Public Utility District No. 1 of Douglas County; Notice of Settlement Agreement and Application for Approval of Contract for the Sale of Power for a Period Extending Beyond the Term of the License, and Soliciting Comments January 5, 2005. Take notice that on November 23, 2004, Public Utility District No. 1 of Douglas County, Washington (Douglas PUD), the Confederated Tribes of the Colville Reservation (Tribe), and the Wells Power Purchasers (Puget Sound Energy, Inc., Portland General Electric Company, PacificCorp, and Avista Corporation, collectively) filed with the Commission:
(1)A request for approval of a settlement agreement between Douglas PUD and the Tribe resolving all claims involving annual charges under Section 10(e) of the Federal Power Act (FPA), 16 U.S.C. 803(e), for use of Indian land for Douglas PUD's Wells Project No. 2149; and
(2)an application for approval of a contract for the sale of power from the project extending beyond the term of the project license, which expires on May 31, 2012. The project is located on the Columbia River in Chelan, Douglas, Kittitas, Grant, Yakima, and Benton Counties, Washington. Under the settlement agreement Douglas PUD and the Tribe agree to a lump-sum payment to the Tribe, in the form of cash and real property and a share in the power output of project in fulfillment of all annual charge obligations to the Tribe for the term of the current license and any new license for the Wells Project issued to Douglas PUD. The settlement agreement by its terms would terminate if Douglas PUD is not granted a new license for the project. Both parties assert that the settlement is fair and serves the public interest by satisfying the purposes of section 10(e) of the FPA without the necessity of time-consuming and costly litigation over annual charge claims. Section 22 of the FPA, 16 U.S.C. 815, provides that contracts for the sale and delivery of power for periods extending beyond the termination date of a license may be entered into upon the joint approval of the Commission and the appropriate state public service Commission or other similar authority in the state in which the sale or delivery of power is made. Douglas PUD and the Tribe have pursuant to the settlement agreement submitted for Commission approval a power sales contract providing the Tribe a share of the project's output that would extend beyond the term of the current project license. The tribe would acquire 4.5 percent of the output of the project through 2018 and 5.5 percent thereafter for as long as Douglas PUD holds any license for the Wells Project. The power would be bought by the Tribe at cost. The parties assert that approval of the submitted contract is in the public interest because the contract is part of the global settlement of issues addressed by the settlement and because of the special relationship of the Tribe to the Wells Project as result of the geographic proximity of the Tribe's reservation to the project. Comments on the settlement agreement and the request for approval of the power sales contract or motions to intervene may be filed with the Commission no later than January 19, 2005, and replies to comments no later than January 25, 2005. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. All documents (an original and eight copies) must be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please put the project name “Wells Project No. 2149” on the first page of all documents. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site *http://www.ferc.gov* under the “e-Filing” link. A copy of the settlement agreement is available for review in the Commission's Public Reference Room or may be viewed on the Commission's 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, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this project or other pending projects. For assistance, contact FERC Online Support. *Comment Date:* January 19, 2005. *Replies to Comments:* January 25, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-84 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-91-004] Questar Pipeline Company; Notice of Revenue Credit Report January 5, 2005. Take notice that on December 27, 2004, Questar Pipeline Company (Questar) tendered for filing a liquids revenue crediting report. Questar states that the report documents the revenues and costs pertaining to the Kastler Plant for the time period August 2001 through October 31 2004. Questar states that it is filing the report pursuant to a November 26, 2004 Commission order following technical conference and on rehearing. Questar explains that the Order requires Questar to provide an accounting of all revenues received from the sale of liquids at the Kastler Plant, and to credit these past revenues to transmission customers within 30 days of the Commission Order. 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 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. *Protest Date:* 5 p.m. eastern time on January 13, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-105 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP05-40-000, CP05-41-000] Rendezvous Gas Services, L.L.C.; Notice of Application January 5, 2005. Take notice that on December 27, 2004, Rendezvous Gas Services, L.L.C. (Rendezvous), 1050 17th Street, Suite 500, Denver, Colorado 80265, filed an application pursuant to section 7(c) of the Natural Gas Act and part 157 of the Commission's regulations requesting:
(1)A limited-jurisdiction certificate of public convenience and necessity authorizing Rendezvous
(a)to construct and operate a 20.8-mile, 20-inch pipeline, providing a direct connection between a gas processing plant in Uinta County, Wyoming and Kern River Gas Transmission Company in Lincoln County, Wyoming, and
(b)to transport gas gathered by Rendezvous, a gathering company, and its owners, Questar Gas Management Company
(QGM)and Mountain Gas Resources, Inc. (MGR), also gathering companies;
(2)a part 157, Subpart F blanket certificate to undertake a variety of routine jurisdictional activities; and
(3)waivers of reporting requirements (including Form 2), the Uniform System of Accounts, and part 154 requirements for filing and maintaining tariffs and rate schedules. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,
(866)208-3676, or for TTY,
(202)502-8659. Any questions regarding this application should be directed to Perry Richards, Rendezvous Gas Services Company, L.L.C., 1050 17th Street, Suite 500, Denver, Colorado 80265, phone:
(303)672-6986, Fax:
(303)308-3610. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Protests and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* January 26, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-106 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-276-003] Southern Star Central Gas Pipeline, Inc.; Notice of Filing January 5, 2005. Take notice that on December 21, 2004, Southern Star Central Gas Pipeline, Inc. (Southern Star) tendered for filing as part of its FERC Gas Tariff, Volume No. 1, the following tariff sheets, to become effective December 1, 2004: Fourth Revised Sheet No. 10, Fourth Revised Sheet No. 11. Southern Star states this filing is being made to place into effect interim reduced rates in lieu of the motion rates currently effective and subject to refund. Southern Star also states that the interim reduced rates will be billed on a month-to-month basis pending the filing of a settlement in the above referenced proceeding and the Commission's approval of such settlement. Southern Star further states that it reserves the right, and requests authority, to withdraw such interim reduced rates and to prospectively reinstate the motion rates at any time by filing with the Commission to withdraw such interim reduced rates. Southern Star indicates that the filing is expressly conditioned upon receipt of such authority to reinstitute the motion rates. Southern Star states that copies of the tariff sheets are being mailed to Southern Star's jurisdictional customers and interested state commissions, in addition to all parties appearing on the official service list of 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 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 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. *Protest Date:* 5 p.m. eastern time on January 13, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-113 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-42-000] Tennessee Gas Pipeline Company; Notice of Application January 6, 2005. Take notice that on December 30, 2004, Tennessee Gas Pipeline Company (Tennessee), 1001 Louisiana St., Houston, Texas 77002, filed an application in Docket No. CP05-42-000 pursuant to section 7(b) and 7(c) of the Natural Gas Act
(NGA)and part 157(A) of the Commission's Regulations, for authorization to abandon two Solar Centaur T-3002R (Centaur T-3002R) turbines that drive centrifugal compressors at its Compressor Station 325 in Liberty County, New Jersey, and replace them with two Solar Centaur 40-4700S (Centaur 40) turbines that drive centrifugal compressors to comply with the Clean Air Act Amendments of 1990, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may be also viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERCOnline Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or TTY, contact
(202)502-8659. Tennessee explains that upon direction of the Environmental Protection Agency (EPA), the New Jersey Department of Environmental Protection revised its regulations in April 2004 eliminating the open market emission trading program which had allowed owners and operators to use discrete emission reduction credits to comply with the EPA NO <sup>X</sup> Reasonably Available Control Technology
(RACT)emission levels. Tennessee further explains that the elimination of this program requires Tennessee to adopt an alternative method to meeting the EPA's NO <sup>X</sup> RACT levels, and Tennessee is therefore proposing to replace the two existing Centaur T-3002R turbines with two Centaur 40 turbines at Compressor Station 325. Any questions regarding this application should be directed to Susan T. Halbach, Senior Counsel, 1001 Louisiana, Houston, Texas 77002, at
(713)420-5751. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests and interventions via the Internet in lieu of paper. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. *Comment Date:* January 26, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-93 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-137-000] Texas Eastern Transmission, LP; Notice of Proposed Changes in FERC Gas Tariff January 6, 2005. Take notice on December 30, 2004, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised Volume No. 1 and First Revised Volume No. 2, revised tariff sheets, as listed on Appendix B to the filing, to become effective February 1, 2005. Texas Eastern states that these revised tariff sheets are filed pursuant to section 15.1, Electric Power Cost
(EPC)Adjustment, of the General Terms and Conditions of Texas Eastern's FERC Gas Tariff, Seventh Revised Volume No. 1. 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. E5-92 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER05-66-000, ER05-66-001] Walden Energy, L.L.C.; Notice of Issuance of Order January 5, 2005. Walden Energy, L.L.C. (Walden) filed an application for market-based rate authority, with an accompanying rate tariff. The proposed rate tariff provides for wholesale sales of energy and capacity at market-based rates. Walden also requested waiver of various Commission regulations. In particular, Walden requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Walden. On January 3, 2005, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-South, granted the request for blanket approval under part 34, subject to the following: Any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Walden should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest, is February 2, 2005. Absent a request to be heard in opposition by the deadline above, Walden 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 Walden, 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 Walden's issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E5-111 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL88-1-008, et al.] Indiana & Michigan Municipal Distributors Association and City of Auburn, Indiana et al.; Electric Rate and Corporate Filings January 4, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Indiana & Michigan Municipal Distributors Association and City of Auburn, Indiana v. Indiana Michigan Power Company [Docket Nos. EL88-1-008, ER88-31-007 and ER88-32-007] Take notice that on December 28, 2004, Indiana Michigan Power Company (I&M) tendered a compliance filing, pursuant to the Commission's June 3, 1992, Opinion No. 373 and Order on Initial Decision, 59 FERC ¶61,260, which addressed, among other things, the appropriateness of periodic reviews of nuclear decommissioning costs and funding. I&M states that copies of the filing were served upon its current jurisdictional customers, the Indiana Utility Regulatory Commission, and the Michigan Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on January 18, 2005. 2. Carolina Power & Light Company, Florida Power Corporation [Docket Nos. ER01-1807-015, ER01-2020-012] Take notice that on December 3, 2004, Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc., submitted a compliance filing consisting of two refund reports pursuant to the Commission's Order issued May 21, 2003 in Docket No. ER01-1807-005, *et al.* , 103 FERC 61,209 (2003). Carolina Power & Light Company states that copies of the filing were served upon the North Carolina Utilities Commission and the South Carolina Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on January 14, 2005. 3. Armstrong Limited Energy Partnership, LLC; Dominion Energy Marketing, Inc.; Dominion Nuclear Connecticut, Inc.; Dominion Nuclear Marketing I, Inc.; Dominion Nuclear Marketing II, Inc.; Dominion Nuclear Marketing III, Inc.; Dresden Energy, LLC; Elwood Energy, LLC; Fairless Energy, LLC; Kincaid Generation, LLC; Pleasants Energy, LLC; State Line Energy, LLC; Troy Energy, LLC; Virginia Electric & Power Company [Docket Nos. ER02-24-004, ER01-468-003, ER00-3621-004, ER00-3620-003, ER00-3619-003, ER00-3746-005, ER02-22-004, ER99-1695-004, ER02-23-006, ER99-1432-005, ER02-26-004, ER96-2869-007, ER02-25-004, ER00-1737-005] Take notice that, on December 27, 2004 Dominion Resources Services on behalf of Armstrong Limited Energy Partnership, LLP, Dominion Energy Marketing, Inc., Dominion Nuclear Connecticut, Inc., Dominion Nuclear Marketing I, Inc., Dominion Nuclear Marketing II, Inc., Dominion Nuclear Marketing III, Inc., Dresden Energy, LLC, Elwood Energy, LLC, Fairless Energy, LLC, Kincaid Generation, LLC, Pleasants Energy, LLC, State Line Energy, LLC, Troy Energy, LLC and Virginia Electric & Power Company submitted its response to the Commission's May 13, 2004 Order Implementing New Generation Market Power Analysis and Mitigation Procedures, 107 FERC 61,168. *Comment Date:* 5 p.m. Eastern Time on January 19, 2005. 4. Ameren Services Company, First Energy Corp., Northern Indiana Public Service Company, National Grid USA, Midwest Independent Transmission System Operator, Inc. [Docket Nos. ER02-2233-012, EC03-14-006] Take notice that, on December 28, 2004, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) filed certain cost information pertaining to transmission-related services performed for the Midwest ISO by GridAmerica LLC in compliance with the Commission's December 19, 2002 Order, *Ameren Services Company, et al.* , 101 FERC ¶ 61, 320 (2002). The Midwest ISO requested waiver of the service requirements set forth in 18 CFR 385.2010. Midwest ISO states that it has electronically served a copy of this filing, with attachments, upon all Midwest ISO Members, Member representatives of Transmission Owners and Non-Transmission Owners, the Midwest ISO Advisory Committee participants, as well as all state commissions within the region. In addition, Midwest ISO states that the filing has been electronically posted on the Midwest ISO's Web site at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter and that the Midwest ISO will provide hard copies to any interested parties upon request. *Comment Date:* 5 p.m. Eastern Time on January 18, 2005. 5. Pacific Gas and Electric Company [Docket No. ER04-415-004] Take notice that on December 30, 2004, Pacific Gas and Electric Company (PG&E) submitted a compliance filing pursuant to Ordering Paragraph E of the Commission's Order issued November 30, 2004, in Docket Nos. ER04-415-000, 001 and 002, 109 FERC 61,242 (2004). PG&E states that copies of this filing have been served on Berry Tannehill, Berry University, Big Creek, the California Independent System Operator Corporation, California Public Utilities Commission, and the parties in Docket No. ER04-415. *Comment Date:* 5 p.m. Eastern Time on January 21, 2005. 6. Illinois Power Company [Docket No. ER04-1254-002] Take notice that on December 20, 2004, Illinois Power Company (Illinois Power) submitted revised sheets to it Open Access Transmission Tariff pursuant to the Commission's Order issued November 19, 2004 in Docket Nos. ER04-1239-000 and ER04-1254-000, 109 FERC 61,185. Illinois Power requested an October 1, 2004 effective date for the revised sheets. *Comment Date:* 5 p.m. Eastern Time on January 11, 2005. 7. Geysers Power Company, LLC [Docket No. ER05-253-001] Take notice that on December 27, 2004, Geysers Power Company, LLC (Geysers Power) submitted substitute revised rate schedule sheets to Geysers Power Company's Rate Schedule FERC No. 5 to correct inadvertent errors in its November 23, 2004 filing in Docket No. ER05-523-000. Geysers Power states that copies of the filing were served upon the official service list. *Comment Date:* 5 p.m. Eastern Time on January 18, 2005. 8. Upper Peninsula Power Company [Docket No. ES05-15-000] Take notice that on December 22, 2004, Upper Peninsula Power Company (Upper Peninsula) submitted an application pursuant to section 204 of the Federal Power Act seeking authorization to issue short-term debt in an amount not to exceed $20 million at any time. Upper Peninsula also requests a waiver of the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. *Comment Date:* 5 p.m. Eastern Time on January 25, 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 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. E5-83 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 487-037-PA] PPL Holtwood, LLC; Notice of Availability of Environmental Assessment January 5, 2005. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's regulations, 18 CFR part 380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has reviewed the application for a new license for the Lake Wallenpaupack Hydroelectric Project, located on the Wallenpaupack Creek and Lackawaxen River, in Pike and Wayne Counties, Pennsylvania, and has prepared an Environmental Assessment (EA). In the EA, Commission staff analyze the potential environmental effects of relicensing the project and conclude that issuing a new license for the project, with appropriate environmental measures, would not constitute a major federal action that would significantly affect the quality of the human environment. A copy of the EA is on file with the Commission and is available for public inspection. The EA 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 field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupportsectionferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. Any comments should be filed within 30 days from the issuance date of this notice, and should be addressed to the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1-A, Washington, DC 20426. Please affix “Wallenpaupack Project No. 487” to all comments. Comments may be filed electronically via Internet in lieu of paper. The Commission strongly encourages electronic filings. *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 Patrick Murphy at
(202)502-8755 or by e-mail at *patrick.murphy@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E5-112 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Tendered for Filing With the Commission, and Establishing Procedural Schedule and a Deadline for Submission of Final Amendments January 6, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New major license or exemption from licensing. b. *Project No.:* 2204-024. c. *Date Filed:* December 30, 2004. d. *Applicant:* City and County of Denver, Colorado, acting by and through its Board of Water Commissioners. e. *Name of Project:* Williams Fork Reservoir Project. f. *Location:* On the Williams Fork River near its confluence with the Colorado River at Parshall, in Grand County, Colorado. No federal lands would be affected. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Kevin Urie, Licensing Project Coordinator, Denver Water, 1600 W. 12th Ave., Denver, CO 80204,
(303)628-5987. i. *FERC Contact:* Dianne Rodman,
(202)502-6077 or *dianne.rodman@ferc.gov* . j. *Cooperating agencies:* We are asking Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item k below. k. *Deadline for requests for cooperating agency status:* February 28, 2005. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. l. This application is not ready for environmental analysis at this time. m. *The existing project consists of:*
(1)The 209-foot-high, 670-foot-long concrete thin arch dam with a crest elevation of 7,814 feet above mean sea level (msl);
(2)the Williams Fork reservoir with a surface area of 1,628 acres and storage of 96,822 acre-feet at elevation 7,811 feet msl;
(3)a reinforced concrete penstock intake on the face of the dam, with a 7-foot by 5-foot fixed wheel penstock gate controlling flows into a 66-inch-diameter steel penstock running through the dam;
(4)river outlet works on the face of the dam, leading to a 54-inch-diameter steel embedded pipe that conveys water to the outlet works valves;
(5)a 66-foot-long, 30-foot-wide, 60-foot-high concrete powerhouse at the toe of the dam, containing one vertical-axis turbine/generator with a capacity of 3,150 kilowatts (kW);
(6)a tailrace excavated in the streambed rock, carrying the combined powerhouse and river outlet discharges;
(7)a 60-foot by 40-foot switchyard;
(8)and appurtenant equipment. The applicant requests the Commission to first review the application for a small hydroelectric power project exemption from licensing, in which the applicant would increase the project's generating capacity to 3,650 kW by installing a second turbine/generator. If the project with the proposed capacity increase does not qualify for an exemption, the applicant requests that this application be considered an application for a new license, under which the applicant would continue to operate the existing turbine/generator with a 3,150-kW capacity and would not install a second unit. n. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. o. With this notice, we are initiating consultation with the Colorado State Historic Preservation Officer (SHPO), as required by (106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. p. *Procedural schedule and final amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. Issue acceptance or deficiency letter: February 2005. Request additional information: February 2005. Issue acceptance letter: May 2005. Notice soliciting terms and conditions: May 2005. Notice of the availability of the EA: September 2005. Ready for Commission's decision on the application: April 2006. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice soliciting terms and conditions. Magalie R. Salas, Secretary. [FR Doc. E5-99 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER03-1102-003, ER03-1102-004, EL05-14-000] California Independent System Operator Corporation; Notice of Agenda of Staff Technical Conference January 6, 2005. As announced in the Notice of Technical Conference issued on December 3, 2004, the Commission Staff will convene a technical conference on Wednesday, January 12, 2005, at 9 a.m. (e.s.t.), at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. Based on the response to Staff's request for alternative proposals to the CAISO's proposed self-certification process, continuing this conference through Thursday, January 13, 2005, will not be necessary. The purpose of the conference is to discuss with the California Independent System Operator Corporation (CAISO) and interested parties how best to achieve the CAISO's objective of ensuring that ancillary services bids are backed by a physical resource based on the presentation of proposals at the technical conference. Please take notice of the conference agenda below: I. Opening remarks by Commission staff. II. Presentation by the CAISO on the proposed self-certification process. III. Presentation by Powerex on its alternative proposal to institute a tagging procedure to verify ancillary services commitments. IV. Comments from staff. The technical conference will be held at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC, in Room 3M-2B. FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free 1-866-208-3372 (voice) or 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. For more information about the conference, please contact: Marion Whitaker at
(202)502-8264 or at *marion.whitaker@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E5-94 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-3-000] Centerpoint Energy Gas Transmission; Notice of Site Visit January 5, 2005. On Thursday, January 13, 2005, the staff of the Federal Energy Regulatory Commission
(FERC)will conduct a site visit to view components of the Line AD Expansion Project in Caddo, Grady and Hughes counties, Oklahoma. We will meet at 8 a.m.
(CST)at The Best Western Inn of Chickasha, 2101 South 4th Street, Chickasha, Oklahoma and proceed to the proposed Hinton Compressor Station site in Caddo County, and then to the two other compressor station sites. Interested persons may attend, but must provide their own transportation. For additional information about the site visit, please contact the FERC's Office of External Affairs at 1-866-208-3372. Magalie R. Salas, Secretary. [FR Doc. E5-114 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP04-6-000 and -001] Enbridge Pipelines (KPC); Notice Of Technical Conference January 6, 2005. Take notice that the Commission staff will convene a technical conference on Wednesday, January 26, 2005, from 10 a.m. to 5 p.m. (e.s.t.), in a room to be designated at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The purpose of the conference is to address the negative deferred fuel account balance and surplus gas on Enbridge Pipelines
(KPC)(Enbridge KPC). The Commission directed its staff to convene this technical conference in a December 22, 2004 order on rehearing and establishing technical conference. 1 1 Enbridge Pipelines (KPC), 109 FERC ¶61,346 (2004). This case began on October 1, 2003, as a result of revised tariff sheets submitted by Enbridge KPC to adjust its fuel reimbursement percentages to reflect changes in its fuel usage and lost and unaccounted for gas (L&U). The revised tariff sheets proposed, among other things, a decrease in the fuel reimbursement percentages
(FRPs)that became effective November 1, 2003. Enbridge KPC should be prepared to further explain its proposal, and address the concerns raised in the December 1, 2003, request for rehearing of Kansas Corporation Commission
(KCC)and its October 27, 2004, response to Staff's August 27, 2004, data request. FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free
(866)208-3372 (voice) or 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. All interested persons are permitted to attend. Magalie R. Salas, Secretary. [FR Doc. E5-103 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2237-013] Georgia Power Company; Notice of Dispute Resolution Panel Meeting and Technical Conference January 6, 2005. On January 5, 2005, Commission staff, in response to the filing of a notice of study dispute by the U.S. Department of the Interior on December 17, 2004, convened a three-person Dispute Resolution Panel pursuant to 18 CFR 5.14(d). The Panel will hold a technical conference at the time and place noted below. All interested individuals, organizations, and agencies are invited to attend the technical conference. The Panel will provide an opportunity to hear from the disputing agency, potential applicant, and other participants who have an interest in the outcome of the dispute. The Panel may also request information or clarification on written submissions as necessary to understand the matters in dispute. The Panel will limit all input that it receives to the specific studies or information in dispute and will focus on the applicability of such studies or information to the study criteria stipulated in 18 CFR 5.9(b). If the number of participants wishing to speak creates time constraints, the Panel may, at its discretion, limit the speaking time for each participant. A court reporter will be present to provide a written record of the technical conference. Technical Conference *Date:* Wednesday, January 19, 2005. *Time:* 9 a.m.-5 p.m. (c.s.t.). *Place:* Chattahoochee Nature Center, 9135 Willeo Road, Roswell, Georgia, 30075, phone:
(770)992-2055. Magalie R. Salas, Secretary. [FR Doc. E5-102 Filed 1-11-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [AMS-FRL-7860-7] California State Nonroad Engine and Vehicle Pollution Control Standards; Opportunity for Public Hearing and Request for Public Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of opportunity for public hearing and request for public comment. SUMMARY: The California Air Resources Board (CARB), has requested EPA authorization, under section 209(e) of the Clean Air Act (Act), for CARB to enforce California's Marine Spark Ignition Engine regulations for outboard marine engines, personal watercraft, and inboard and sterndrive marine engines, and to enforce California's Off-Road Large Spark Ignition Engine regulations. As the Act requires, EPA is announcing the opportunity for a public hearing and requesting public comment on each of these CARB requests. DATES: EPA has tentatively scheduled a public hearing for the Marine Engine regulations request on February 28, 2005 commencing at 9:30 a.m., and a public hearing for the Large Spark Ignition Engine regulations on February 28, 2005 commencing at 1:30 p.m. EPA will hold each hearing only if a party notifies EPA by February 2, 2005 expressing its interest in presenting oral testimony regarding either (or both) of CARB's requests. By February 2, 2005, any person who plans to attend either hearing should contact Robert M. Doyle (see contact information below) to learn if the hearing will be held. Regardless of whether or not a hearing is held on either request, any party may submit written comments regarding CARB's request by or before March 14, 2005. ADDRESSES: Parties wishing to present oral testimony at either public hearing should provide written notice to Robert M. Doyle, Attorney-Advisor, Certification and Compliance Division, (6403J), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. If EPA receives a request for a public hearing, EPA will hold the public hearing in the first floor conference room at 1310 L Street, NW., Washington, DC. Parties wishing to send written comments should provide them to Mr. Doyle at the above address. EPA will make available for public inspection at the Air and Radiation Docket all written comments received from interested parties, in addition to any testimony given at the public hearing. The EPA Docket Center Public Reading Room is open during working hours from 8:30 a.m. to 4:30 p.m. at Room B102, 1301 Constitution Avenue, NW., Washington, DC. The telephone number for the Public Reading Room is
(202)566-1744 The reference number for the Marine Spark Ignition Engines regulations request docket is OAR-2004-0403, and the reference number for the Off-Road Large Spark Ignition Engines regulations request docket is OAR-2004-0404. FOR FURTHER INFORMATION CONTACT: Robert M. Doyle, Attorney-Advisor, Certification and Compliance Division, (6403J), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 (U.S. mail), 1310 L Street, NW., Room 340 Washington, DC 20005(courier mail). Telephone:
(202)343-9258, Fax:
(202)343-2804, e-mail: *Doyle.Robert@EPA.GOV.* SUPPLEMENTARY INFORMATION: I. Obtaining Electronic Copies of Documents EPA makes available an electronic copy of this Notice on the Office of Transportation and Air Quality
(OTAQ)homepage ( *http://www.epa.gov/OTAQ* ). Users can find this document by accessing the OTAQ homepage and looking at the path entitled “Regulations.” This service is free of charge, except any cost you already incur for Internet connectivity. Users can also get the official **Federal Register** version of the Notice on the day of publication on the primary Web site: ( *http://www.epa.gov/docs/fedrgstr/EPA-AIR/* ). Please note that due to differences between the software used to develop the documents and the software into which the documents may be downloaded, changes in format, page length, etc., may occur. Additionally, an electronic version of the public docket is available through EPA's electronic public docket and comment system. 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. 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. Once in the electronic docket system, select “search,” then key in the appropriate docket ID number for Docket OAR-2004-0403 (the Marine Spark Ignition Engines regulations request), or Docket OAR-2004-0404 (the Off-Road Large Spark Ignition Engines regulations request). II. Background
(A)Nonroad Authorizations Section 209(e)(1) of the Act addresses the permanent preemption of any State, or political subdivision thereof, from adopting or attempting to enforce any standard or other requirement relating to the control of emissions for certain new nonroad engines or vehicles. 1 Section 209(e)(2) of the Act allows the Administrator to grant California authorization to enforce state standards for new nonroad engines or vehicles which are not listed under section 209(e)(1), subject to certain restrictions. On July 20, 1994, EPA promulgated a regulation that sets forth, among other things, the criteria, as found in section 209(e)(2), by which EPA must consider any California authorization requests for new nonroad engines or vehicle emission standards (section 209(e) rules). 2 1 Section 209(e)(1) of the Act provides: No State or any political subdivision thereof shall adopt or attempt to enforce any standard or other requirement relating to the control of emissions from either of the following new nonroad engines or nonroad vehicles subject to regulation under this Act—(A) New engines which are used in construction equipment or vehicles or used in farm equipment or vehicles and which are smaller than 175 horsepower.
(B)New locomotives or new engines used in locomotives. Subsection
(b)shall not apply for purposes of this paragraph. 2 *See* 59 FR 36969 (July 20, 1994), and regulations set forth therein, 40 CFR part 85, subpart Q, §§ 85.1601—85.1606. Section 209(e)(2) requires the Administrator, after notice and opportunity for public hearing, to authorize California to enforce standards and other requirements relating to emissions control of new engines not listed under section 209(e)(1). 3 The section 209(e) rule and its codified regulations 4 formally set forth the criteria, located in section 209(e)(2) of the Act, by which EPA must grant California authorization to enforce its new nonroad emission standards: 3 As discussed above, states are permanently preempted from adopting or enforcing standards relating to the control of emissions from new engines listed in section 209(e)(1). 4 *See* 40 CFR part 85, subpart Q, § 85.1605. 40 CFR part 85, subpart Q, § 85.1605 provides:
(a)The Administrator shall grant the authorization if California determines that its standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards.
(b)The authorization shall not be granted if the Administrator finds that:
(1)The determination of California is arbitrary and capricious;
(2)California does not need such California standards to meet compelling and extraordinary conditions; or
(3)California standards and accompanying enforcement procedures are not consistent with section 209. As stated in the preamble to the section 209(e) rule, EPA has interpreted the requirement that EPA cannot find “California standards and accompanying enforcement procedures are not consistent with section 209” to mean that California standards and accompanying enforcement procedures must be consistent with section 209(a), section 209(e)(1), and section 209(b)(1)(C), as EPA has interpreted that subsection in the context of motor vehicle waivers. 5 In order to be consistent with section 209(a), California's nonroad standards and enforcement procedures must not apply to new motor vehicles or new motor vehicle engines. Secondly, California's nonroad standards and enforcement procedures must be consistent with section 209(e)(1), which identifies the categories permanently preempted from state regulation. 6 California's nonroad standards and enforcement procedures would be considered inconsistent with section 209 if they applied to the categories of engines or vehicles identified and preempted from State regulation in section 209(e)(1). 5 *See* 59 FR 36969, 36983 (July 20, 1994). 6 Section 209(e)(1) of the Act has been implemented, *see* 40 CFR part 85, subpart Q §§ 85.1602, 85.1603. § 85.1603 provides in applicable part:
(a)For equipment that is used in applications in addition to farming or construction activities, if the equipment is primarily used as farm and/or construction equipment or vehicles, as defined in this subpart, it is considered farm or construction equipment or vehicles.
(b)States are preempted from adopting or enforcing standards or other requirements relating to the control of emissions from new engines smaller than 175 horsepower, that are primarily used in farm or construction equipment or vehicles, as defined in this subpart. § 85.1602 provides definitions of terms used in § 85.1603 and states in applicable part: *Construction equipment or vehicle* means any internal combustion engine-powered machine primarily used in construction and located on commercial construction sites. *Farm Equipment or Vehicle* means any internal combustion engine-powered machine primarily used in the commercial production and/or commercial harvesting of food, fiber, wood, or commercial organic products or for the processing of such products for further use on the farm. *Primarily used* means used 51 percent or more. Finally, because California's nonroad standards and enforcement procedures must be consistent with section 209(b)(1)(C), EPA will review nonroad authorization requests under the same “consistency” criteria that are applied to motor vehicle waiver requests. Under section 209(b)(1)(C), the Administrator shall not grant California a motor vehicle waiver if he finds that California “standards and accompanying enforcement procedures are not consistent with section 202(a)” of the Act. As previous decisions granting waivers of Federal preemption for motor vehicles have explained, State standards are inconsistent with section 202(a) if there is inadequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time period or if the Federal and State test procedures impose inconsistent certification requirements. 7 7 To be consistent, the California certification procedures need not be identical to the Federal certification procedures. California procedures would be inconsistent, however, if manufacturers would be unable to meet both the state and the Federal requirement with the same test vehicle in the course of the same test. *See, e.g.* , 43 FR 32182 (July 25, 1978). With regard to enforcement procedures accompanying standards, EPA must grant the requested authorization unless it finds that these procedures may cause the California standards, in the aggregate, to be less protective of public health and welfare than the applicable Federal standards promulgated pursuant to section 213(a), or unless the Federal and California certification test procedures are inconsistent. 8 8 *See, e.g., Motor and Equipment Manufacturers Association, Inc.* v. *EPA,* 627 F.2d 1095, 1111-14 (D.C. Cir. 1979), *cert. denied,* 446 U.S. 952
(1980)( *MEMA I* ); 43 FR 25729 (June 14, 1978). While inconsistency with section 202(a) includes technological feasibility, lead time, and cost, these aspects are typically relevant only with regard to standards. The aspect of consistency with 202(a) which is of primary applicability to enforcement procedures (especially test procedures) is test procedure consistency. Once California has received an authorization for its standards and enforcement procedures for a certain group or class of nonroad equipment engines or vehicles, it may adopt other conditions precedent to the initial retail sale, titling or registration of these engines or vehicles without the necessity of receiving an additional authorization. 9 9 *See* 43 FR 36679, 36680 (August 18, 1978). If California acts to amend a previously authorized standard or accompanying enforcement procedure, the amendment may be considered within the scope of a previously granted authorization provided that it does not undermine California's determination that its standards in the aggregate are as protective of public health and welfare as applicable Federal standards, does not affect the consistency with section 209 of the Act, and raises no new issues affecting EPA's previous authorization determination. 10 10 Decision Document for California Nonroad Engine Regulations Amendments, Dockets A-2000-05 to 08, entry V-B, p. 28.
(B)The Marine SI Engine Regulations Requests CARB has submitted to EPA three separate but related requests to authorize various marine SI engine regulations. EPA will consider these requests together in our review of the requests to enforce CARB's marine SI engine emissions regulation program. These requests are summarized in order below.
(1)By letter dated April 4, 2000, CARB requested EPA authorization to enforce California's marine SI regulations affecting outboard marine engines. The CARB regulations set emission standards for these marine engines commencing with model year 2001 for both certification and in-use standards. The first tier of the CARB regulations basically adopted the standards equivalent to the EPA 2006 marine SI engines. CARB also adopted a second tier of outboard engine regulations, commencing in model year 2004 equivalent to 80% of the EPA 2006 standards, and a third tier, commencing in 2008, equivalent to 35% of the EPA 2006 standard. Manufacturers are permitted to meet the standards directly or on a corporate average basis, where some engine families may emit more than the emission standard if they are offset by engines which emit sufficiently less than the standard. To accompany the new standards, CARB also adopted regulations requiring manufacturer production line testing (along with CARB authority to conduct Selective Enforcement Audits), manufacturer demonstration of in-use compliance, emission warranties, permanent emission certification labels for covered engines, and special “hang tags” for consumer/environmental awareness of clean technology engines. 11 11 At the time this request was presented to EPA, the California Office of Administrative Law had not approved the section of the regulations dealing with these hang tags because of problems it found with the applicability date of the hang tag requirement. These problems were resolved and the hang tag requirement was included as part of the CARB June 5, 2002 request described below.
(2)By letter dated June 5, 2002, CARB extended the earlier authorization request to include regulations for marine SI engines in personal watercraft
(PWC)12 for model year 2002 and beyond. The PWCs are subject to the same emission standards and requirements as the marine outboard SI engines discussed above. The CARB marine regulations had included both outboards and PWCs from the outset, but PWCs had not been included in the original CARB request because of technical issues raised by PWC manufacturers related to compliance with the CARB standards for model year 2001. The June 5, 2002 CARB request stated that those issues had been resolved, so CARB submitted this extension. In addition, CARB submitted for authorization the marine engine consumer hang tag regulations because the earlier model year applicability issue had been resolved. 12 Personal watercraft are small watercraft on which the rider sits or stands during operation, such as jet skis and wave runners. CARB Staff Report, October 23, 1998, at p. 9, Docket OAR-2004-0403.
(3)By letter dated March 2, 2004, CARB extended the earlier requests by requesting authorization to enforce California's marine SI regulations affecting inboard and sterndrive engines for model years 2003 and beyond. 13 The first tier of regulations, for model year 2003 through 2008, sets a cap reflecting average emission levels of 16.0 grams per kilowatt hour (g/kW-hr) HC plus NO <sup>X</sup> which manufacturers can meet directly by engine family or by corporate average. The second tier of standards sets a level of 5.0 g/kW-hr HC plus NO <sup>X</sup> and will phase in beginning with 45% of manufacturers' sales in 2007, 75% in 2008 and 100% in 2009 and beyond. For 2007 and 2008, compliance for the engine is directly with the standard, with no option for sales weighted-averaging. Besides these new standards, other regulations establish requirements for certification, emission test procedures, emissions warranty, and emission certification labels and consumer/environmental awareness hang tag labels. In addition, the inboard/sterndrive regulations require on-board diagnostics for these engines. Finally, as part of the Inboard/Sterndrive rulemaking, CARB adopted some minor amendments to the outboard and PWC regulations to clarify some definitions and labeling requirements made necessary by the adoption of the regulations for Inboard/Sterndrive marine engines. 13 Inboard engines include a propeller shaft that penetrates the hull of the marine vessel, while the engine and the remainder of the drive unit is internal to the hull of the marine watercraft. In sterndrive engines, the drive unit is external to the hull of the marine watercraft, while the engine is internal to the hull of the marine watercraft. CARB Staff Report, June 8, 2002, at p. 4, Docket OAR-2004-0403.
(C)The Off-Road Large Spark Ignition Engines Regulations Request By letter dated February 15, 2000, CARB requested EPA authorization to enforce California's Off-Road Large Spark Ignition Engine
(LSI)regulations. 14 The CARB regulations set emission standards for these engines commencing with model year 2001 for certification and with model year 2004 for in-use compliance. There are two sets of standards depending on the size of the engine; one set for LSI engines less than or equal to 1.0 liter displacement, and the other for LSI engines greater than 1.0 liter displacement. For the smaller LSI engines, CARB set standards for HC plus NO <sup>X</sup> and for CO at static levels for model year 2002 and beyond, and 100% of a manufacturer's sales must meet the standards each year. For the larger LSI engines, CARB approved two tiers of emission levels. For Tier 1, manufacturers are able to phase-in compliance at certification with 25% of the sales for 2001, 50% for 2003, and 75% for 2003, and manufacturers have no in-use compliance requirement. For Tier 2, beginning with the 2004 model year, manufacturers have to meet the standards at certification with 100% of sales, and are subject to in-use compliance with less stringent standards for model years 2004 through 2006 (with an engine durability period of 3500 hours or 5 years) and full in-use standards for model years 2007 and beyond (with a durability period of 5000 hours or 7 years). 14 These engines are often derived from automobile engines, although they have less sophisticated fuel and emission control systems, and are fueled usually by either gasoline or liquified petroleum gas (LPG). Typical applications for these LSI engines are forklifts, portable generators, large turf care equipment, irrigation pumps, welders, air compressors, scrubber/sweepers, and airport service vehicles. CARB Staff Report, September 22, 1998, p. 6, Docket OAR-2004-0404. To accompany the new standards, CARB also adopted regulations requiring manufacturer production line testing (along with CARB authority to conduct Selective Enforcement Audits), manufacturer required in-use testing, an in-use emission credit program, permanent emission labels, and emission warranties. CARB also adopted provisions to provide relief to small volume manufacturers (annual production under 2000 engines) basically by delaying the time when they must comply with in-use standards until 2004. III. Procedures for Public Participation If a public hearing is held on either request, any party desiring to make an oral statement on the record should file ten
(10)copies of its proposed testimony and other relevant material with Robert Doyle at the address listed above no later than February 11, 2005. In addition, the party should submit 25 copies, if feasible, of the planned statement to the presiding officer at the time of the hearing. In recognition that a public hearing is designed to give interested parties an opportunity to participate in this proceeding, there are no adverse parties as such. Statements by participants will not be subject to cross-examination by other participants without special approval by the presiding officer. The presiding officer is authorized to strike from the record statements that he or she deems irrelevant or repetitious and to impose reasonable time limits on the duration of the statement of any participant. If a hearing is held on either request, the Agency will make a verbatim record of the proceedings. Interested parties may arrange with the reporter at the hearing to obtain a copy of the transcript at their own expense. Regardless of whether a public hearing is held, EPA will keep the record open until March 14, 2005. Upon expiration of the comment period, the Administrator will render a decision on CARB's request based on the record of the public hearing, if any, relevant written submissions, and other information that she deems pertinent. All information will be available for inspection at EPA Air Docket, in Docket OAR-2004-0403 (the Marine Spark Ignition Engines regulations request), and Docket OAR-2004-0404 (the Off-Road Large Spark Ignition Engines regulations request). Persons with comments containing proprietary information must distinguish such information from other comments to the greatest possible extent and label it as “Confidential Business Information” (CBI). If a person making comments wants EPA to base its decision in part on a submission labeled CBI, then a nonconfidential version of the document that summarizes the key data or information should be submitted for the public docket. To ensure that proprietary information is not inadvertently placed in the docket, submissions containing such information should be sent directly to the contact person listed above and not to the public docket. Information covered by a claim of confidentiality will be disclosed by EPA only to the extent allowed and by the procedures set forth in 40 CFR part 2. If no claim of confidentiality accompanies the submission when EPA receives it, EPA will make it available to the public without further notice to the person making comments. Dated: January 5, 2005. Jeffrey R. Holmstead, Assistant Administrator for Air and Radiation. [FR Doc. 05-628 Filed 1-11-05; 8:45 am]
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Traces to 17 documents
6 references not yet in our index
  • 18 CFR 34
  • 18 CFR 380
  • 40 CFR 85
  • 627 F.2d 1095
  • 446 U.S. 952
  • 40 CFR 2
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cites case law
Notices
Notice of opportunity for public hearing and request for public comment
C.F.R.§ 385.211
C.F.R.§ 385.2001
C.F.R.§ 154.210
C.F.R.§ 157.10
U.S.C.§ 808
U.S.C.§ 558
C.F.R.§ 16.21
C.F.R.§ 16.18
U.S.C.§ 803
F. App'x627 F.2d 1095
SCOTUS446 U.S. 952
Cite18 CFR 34
Cites 23 · showing 12Cited by 0 across 0 sources
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