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Code · REGISTER · 2005-01-31 · DEPARTMENT OF EDUCATION · Notices

Notices. Notice of Public Meeting to seek comments and suggestions on regulatory issues under the Individuals with Disabilities Education Act (IDEA), as amended by the Individuals with Disabilities Education Improvement Act of 2004

21,046 words·~96 min read·/register/2005/01/31/05-1716

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

BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Indian Education; Overview Information; Professional Development; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2005 *Catalog of Federal Domestic Assistance
(CFDA)Number:* 84.299B. *Applications Available:* January 31, 2005. *Deadline for Transmittal of Applications:* March 17, 2005. *Deadline for Intergovernmental Review:* May 16, 2005. *Eligible Applicants:* Eligible applicants for this program are institutions of higher education, including Indian institutions of higher education; State or local educational agencies in consortium with institutions of higher education; Indian tribes or organizations in consortium with institutions of higher education; and Bureau-funded schools. An application from a consortium of eligible entities must meet the requirements of 34 CFR 75.127 through 75.129. An application from a consortium of eligible entities must include a consortium agreement. Letters of support do *not* meet the requirement for a consortium agreement. In order to be considered an eligible entity, applicants, including institutions of higher education, must be eligible to provide the level and type of degree proposed in the application or must apply in consortium with an institution of higher education that is eligible to grant the target degree. Applicants applying as “Indian organizations” must demonstrate eligibility by showing how they meet all the criteria outlined in 34 CFR 263.3. The term “Indian institution of higher education” means an accredited college or university within the United States cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other institution that qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 *et seq.* ), and Dine College (formerly Navajo Community College), authorized in the Navajo Community College Act (25 U.S.C. 640a *et seq.* ). We will reject any application that does not meet these requirements. *Estimated Available Funds:* $3,709,382. *Estimated Range of Awards:* $125,000 to $325,000. *Estimated Average Size of Awards:* $285,337. *Maximum Award:* We will reject any application that proposes a budget exceeding $325,000 for the first budget period of 12 months, and $400,000 during the second and third budget periods. The last 12-month budget period of a 48-month award will be limited to induction services only, at a cost not to exceed $75,000. The Assistant Deputy Secretary may change the maximum amount through a notice published in the **Federal Register** . *Estimated Number of Awards:* 13. **Note:** The Department is not bound by any estimates in this notice. *Project Period:* Up to 48 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the Professional Development program is to
(1)increase the number of qualified Indian individuals in professions that serve Indians;
(2)provide training to qualified Indian individuals to become teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and
(3)improve the skills of qualified Indian individuals who serve in the education field. Activities may include, but are not limited to, continuing programs, symposia, workshops, conferences, and direct financial support. *Priorities:* This competition contains two absolute priorities and two competitive preference priorities. In accordance with 34 CFR 75.105(b)(2)(ii), these absolute and competitive preference priorities are from the regulations for this program (34 CFR 263.5(a), (b), and (c)(1) and (2)). *Absolute Priorities:* For FY 2005 these priorities are absolute priorities. Under 34 CFR 75.105(c)(3) we consider only applications that meet one or both of the following priorities: These priorities are: Absolute Priority One—Pre-Service Training for Teachers A project that provides support and training to Indian individuals to complete a pre-service education program that enables these individuals to meet the requirements for full State certification or licensure as a teacher through— (1)(i) Training that leads to a bachelor's degree in education before the end of the award period;
(ii)For States allowing a degree in a specific subject area, training that leads to a bachelor's degree in the subject area so long as the training meets the requirements for full State teacher certification or licensure; or
(iii)Training in a current or new specialized teaching assignment that requires at least a bachelor's degree and in which a documented teacher shortage exists; and
(2)One-year induction services after graduation, certification, or licensure provided during the award period to graduates of the pre-service program while they are completing their first year of work in schools with significant Indian student populations. **Note:** In working with various institutions of higher education and State certification/licensure requirements, we have found that states requiring a degree in a specific subject area ( *e.g.* , specialty areas or teaching at the secondary level) generally require a master's degree or fifth-year requirement before an individual can be certified or licensed as a teacher. These students would be eligible to participate so long as their training meets the requirements for full State certification or licensure as a teacher. Absolute Priority Two—Pre-Service Administrator Training A project that provides—
(1)Support and training to Indian individuals to complete a master's degree in education administration that is provided before the end of the award period and that allows participants to meet the requirements for State certification or licensure as an education administrator; and
(2)One year of induction services during the award period to participants after graduation, certification or licensure, while they are completing their first year of work as administrators in schools with significant Indian student populations. *Competitive Preference Priorities:* Within these absolute priorities, we give competitive preference to applications that address the following priorities. These priorities are: Competitive Preference Priority One We award five points to an application submitted by an Indian tribe, Indian organization, or Indian institution of higher education that is eligible to participate in the Professional Development program. An application for a consortium of eligible entities that meets the requirements of 34 CFR 75.127 through 75.129 of EDGAR and includes an Indian tribe, Indian organization or Indian institution of higher education will be considered eligible to receive the five
(5)competitive preference points. Competitive Preference Priority Two We award five points to an application submitted by a consortium of eligible applicants that includes a tribal college or university and that designates that tribal college or university as the fiscal agent for the application. The consortium application of eligible entities must meet the requirements of 34 CFR 75.127 through 75.129 of EDGAR to be eligible for the five competitive preference points. These points are in addition to the five
(5)competitive preference points that may be awarded under Competitive Preference Priority One. **Note:** A consortium application must include a consortium agreement, signed by all parties to be considered. Letters of support do *not* meet the requirement for a consortium agreement. **Note:** Tribal colleges and universities are those institutions that are cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other institution that qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 *et seq.* ), or Dine College (formerly Navajo Community College), authorized in the Navajo Community College Act (25 U.S.C. 640a *et seq.* ). **Program Authority:** 20 U.S.C. 7442. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98 and 99; and
(b)34 CFR part 263. **Note:** The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. **Note:** The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $3,709,382. *Estimated Range of Awards:* $125,000 to $325,000. *Estimated Average Size of Awards:* $285,337. *Maximum Award:* We will reject any application that proposes a budget exceeding $325,000 for the first budget period of 12 months, and $400,000 during the second and third budget periods. The last 12-month budget period of a 48-month award will be limited to induction services only, at a cost not to exceed $75,000. The Assistant Deputy Secretary may change the maximum amount through a notice published in the **Federal Register.** *Estimated Number of Awards:* 13. **Note:** The Department is not bound by any estimates in this notice. *Project Period:* Up to 48 months. III. Eligibility Information 1. *Eligible Applicants:* Eligible applicants for this program are institutions of higher education, including Indian institutions of higher education; State or local educational agencies in consortium with institutions of higher education; Indian tribes or organizations, in consortium with institutions of higher education; and Bureau-funded schools. An application from a consortium of eligible entities must meet the requirements of 34 CFR 75.127 through 75.129. An application from a consortium of eligible entities must include a consortium agreement. Letters of support do *not* meet the requirement for a consortium agreement. In order to be considered an eligible entity, applicants, including institutions of higher education, must be eligible to offer the level and type of degree proposed in the application or must apply in consortium with an institution of higher education that is eligible to grant the target degree. Applicants applying as “Indian organizations” must demonstrate eligibility by showing how they meet all requirements of 34 CFR 263.3. The term “Indian institution of higher education” means an accredited college or university within the United States that is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other institution that qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 *et seq.* ), and Dine College (formerly Navajo Community College), authorized in the Navajo Community College Act (25 U.S.C. 640a *et seq.* ). We will reject any application that does not meet these requirements. 2. *Cost Sharing or Matching* : This program does not involve cost sharing or matching. 3. *Other* : Projects funded under this competition must budget for a two-day Project Directors' meeting in Washington, DC during each year of the project period. IV. Application and Submission Information 1. *Address to Request Application Package:* Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll free): 1-877-433-7827. FAX
(301)470-1244. If you use a telecommunications device for the deaf (TDD), you may call (toll free): 1-877-576-7734. You may also contact ED Pubs at its Web site: *http://www.ed.gov/pubs/edpubs.html* or you may contact ED Pubs at its e-mail address: *edpubs@inet.ed.gov* . You may also obtain the application package electronically by downloading it from the following Web site: *http://www.ed.gov/about/offices/list/ods/oie/index.html* . If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.299B. Individuals with disabilities may obtain a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed under for FURTHER INFORMATION CONTACT in section VII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 50 double-spaced pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, you must include all of the application narrative in Part III. Our reviewers will not read any pages of your application that— • Exceed the page limit if you apply these standards; or • Exceed the equivalent of the page limit if you apply other standards. 3. *Submission Dates and Times:* *Applications Available:* January 31, 2005. *Deadline for Transmittal of Applications:* March 17, 2005. Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV.6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. *Deadline for Intergovernmental Review:* May 16, 2005. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* Stipends may be paid only to full-time students. For the payment of stipends to project participants being trained, the Secretary expects to set the stipend maximum at $1,775 per month for full-time students and provide for a $275 allowance per month per dependent during an academic term. The terms “stipend,” “full-time student,” and “dependent allowance” are defined in 34 CFR 263.3. We reference additional regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications* . Applications for grants under the Professional Development Grants—CFDA Number 84.299B must be submitted electronically using the Grants.gov Apply site. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement* . You may access the electronic grant application for Professional Development Grants at: *http://www.grants.gov* . You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search. Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are time and date stamped. Your application must be fully uploaded and submitted with a date/time received by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. We will not consider your application if it was received by the Grants.gov system later than 4:30 p.m. on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was submitted after 4:30 p.m. on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the application process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program [competition] to ensure that your application is submitted timely to the Grants.gov system. • To use Grants.gov, you, as the applicant, must have a D-U-N-S Number and register in the Central Contractor Registry (CCR). You should allow a minimum of five business days to complete the CCR registration. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information typically included on the Application for Federal Education Assistance (ED 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Any narrative sections of your application should be attached as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive an automatic acknowledgement from Grants.gov that contains a Grants.gov tracking number. The Department will retrieve your application from Grants.gov and send you a second confirmation by e-mail that will include a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; and • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Cathie Martin, U.S. Department of Education, 400 Maryland Avenue, SW., room 5C152, Washington, DC 20202-6335. FAX:
(202)260-7779. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail* . If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier), your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: CFDA Number 84.299B,400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: CFDA Number 84.299B, 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. **Note:** The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery* . If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: CFDA Number 84.299B, 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:
(1)You must indicate on the envelope and—if not provided by the Department—in Item 4 of the Application for Federal Education Assistance (ED 424) the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.
(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information *Selection Criteria:* The selection criteria for this competition are from 34 CFR 263.6 and are listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* The Secretary has established the following key performance measures for assessing the effectiveness of the Professional Development program:
(1)The percentage of program participants who receive full state licensure will increase;
(2)the percentage of program participants who become teachers in schools with high concentrations of American Indian and Alaska Native students and teach in their licensure area will increase; and
(3)the percentage of program participants who become principals/vice principals/school administrators in schools with high concentrations of American Indian and Alaska Native students will increase. Under the selection criteria “Quality of project services” and “Quality of the project evaluation,” we will consider the extent to which the applicant demonstrates a strong capacity to provide reliable data on these measures. All grantees will be expected to submit, as part of their performance report, information documenting their progress with regard to these performance measures. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Cathie Martin, Office of Indian Education, U.S. Department of Education, 400 Maryland Avenue, SW., room 5C152, Washington, DC 20202-6335. Telephone:
(202)260-3774 or by e-mail: *oiegrant@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the contact person listed in this section. VII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: January 25, 2005. Victoria Vasques, Assistant Deputy Secretary for Indian Education. [FR Doc. E5-358 Filed 1-28-05; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services, Individuals With Disabilities Education Act, as Amended by the Individuals With Disabilities Education Improvement Act of 2004 ACTION: Notice of Public Meeting to seek comments and suggestions on regulatory issues under the Individuals with Disabilities Education Act (IDEA), as amended by the Individuals with Disabilities Education Improvement Act of 2004. SUMMARY: The Secretary announces plans to hold the last of a series of public meetings to seek comments and suggestions from the public prior to developing and publishing proposed regulations to implement programs under the recently revised Individuals with Disabilities Education Act. *Date and Time of Public Meeting:* Thursday, February 24, 2005 from 1 p.m. to 5 p.m. and from 6 p.m. to 8 p.m. ADDRESSES: Academy for Educational Development, Academy Hall, 1825 Connecticut Avenue, NW., Washington, DC 20009. FOR FURTHER INFORMATION CONTACT: Troy R. Justesen. Telephone:
(202)245-7468. SUPPLEMENTARY INFORMATION: Background On December 3, 2004, the President signed into law Public Law 108-446, the Individuals with Disabilities Education Improvement Act of 2004, amending the Individuals with Disabilities Education Act (IDEA). Copies of the new law may be obtained at the following Web site: *http://edworkforce.house.gov/issues/108th/education/idea/conferencereport/confrept.htm.* Enactment of the new law provides an opportunity to consider improvements in the regulations implementing the IDEA (including both formula and discretionary grant programs) that would strengthen the Federal effort to ensure every child with a disability has available a free appropriate public education that—(1) is of high quality, and
(2)is designed to achieve the high standards reflected in the No Child Left Behind Act and regulations. The Office of Special Education and Rehabilitative Services will be holding a series of public meetings during the first few months of calendar year 2005 to seek input and suggestions for developing regulations, as needed, based on the Individuals with Disabilities Education Improvement Act of 2004. This notice provides specific information about the last of these meetings, scheduled for Washington, DC ( *see Date and Time of Public Meeting* earlier in this Notice). Individuals who need accommodations for a disability in order to attend the meeting ( *i.e.* , interpreting services, assistive listening devices, and material in alternative format) should notify the contact person listed under FOR FURTHER INFORMATION CONTACT. The meeting location is accessible to individuals with disabilities. Dated: January 25, 2005. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E5-357 Filed 1-28-05; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC05-73-000; FERC Form 73] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension January 21, 2005. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of Section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below. DATES: Comments on the collection of information are due by March 29, 2005. ADDRESSES: Copies of the proposed collection of information can be obtained from Michael Miller, Office of the Executive Director, ED-33, 888 First Street NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing. For paper filings, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE. Washington, DC 20426 and refer to Docket No. IC05-73-000. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's E-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the *eLibrary* link. For user assistance, contact *FERConlineSupport@ferc.gov* or toll-free at
(866)208-3676 or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC Form 73 “Oil Pipelines Service Life Data” (OMB No. 1902-0019) is used by the Commission to implement the statutory provisions of sections 306 and 402 of the Department of Energy Organization Act, 42 U.S.C. 7155 and 7172, and Executive Order No. 12009, 42 FR 46277 (September 13, 1977). The Commission has authority over interstate oil pipelines as stated in the Interstate Commerce Act, 49 U.S.C. 6501 *et al.* As part of the information necessary for the subsequent investigation and review of an oil pipeline company's proposed depreciation rates, the pipeline companies are required to provide service life data as part of their data submissions if the proposed depreciation rates are based on the remaining physical life calculations. This service life data is submitted on FERC Form No. 73. The data submitted are used by the Commission to assist in the selection of appropriate service lives and book depreciation rates. Book depreciation rates are used by oil pipeline companies to compute the depreciation portion of their operating expense which is a component of their cost of service which in turn is used to determine the transportation rate to assess customers. FERC staff's recommended book depreciation rates become legally binding when issued by Commission order. These rates remain in effect until a subsequent review is requested and the outcome indicates that a modification is justified. The Commission implements these filings in 18 CFR parts 347 and 357. *Action:* The Commission is requesting a three-year approval of the collection of data with no changes to the information that is collected on Form 73. This is a mandatory information collection requirement. *Burden Statement:* Public reporting burden for this collection is estimated as follows: Number of respondents annually
(1)Number of responses per respondent
(2)Average burden hours per response
(3)Total annual burden hours (1)x(2)x(3) 2 1 40 80 The estimated total cost to respondents is $4,176.00 (80 hours divided by 2,080 hours per employee per year times $108,588 per year average salary per employee = $4,176.00 (rounded)). The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:
(1)Reviewing instructions;
(2)developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information;
(3)adjusting the existing ways to comply with any previously applicable instructions and requirements;
(4)training personnel to respond to a collection of information;
(5)searching data sources;
(6)completing and reviewing the collection of information; and
(7)transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity. Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology *e.g.* permitting electronic submission of responses. Magalie R. Salas, Secretary. [FR Doc. E5-331 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-370-000 and RP96-383-058] Dominion Transmission, Inc.; Notice of Motion To Withdraw Application for Approval of Negotiated Rate Agreement and To Terminate Proceeding January 19, 2005. On December 22, 2004, Dominion Transmission, Inc. (Dominion) tendered for filing a motion to withdraw its application for approval of a negotiated rate agreement between Dominion and PSEG Energy Resources & Trade, LLC (PSEG), and to terminate the proceeding in the above referenced dockets. Rule 216 of the Commission's Rules of Practice and Procedure provides that the withdrawal of any pleading becomes effective 15 days after notice of withdrawal, unless it is opposed and the Commission finds good cause to disallow the withdrawal. No comments in opposition to Dominion's motion were filed. Pursuant to Rule 216, Dominion's motion to withdraw its application and to terminate the subject proceeding will take effect by operation of law. Magalie R. Salas, Secretary. [FR Doc. E5-343 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP00-6-012] Gulfstream Natural Gas System, L.L.C.; Notice of Compliance Filing January 19, 2005. Take notice that, on January 12, 2005, Gulfstream Natural Gas System, L.L.C. (Gulfstream) submitted a compliance filing pursuant to the October 8, 2003 order in the above-captioned docket. Gulfstream states that copies of the filing were served on all customers, interested state commissions, as well as all parties on the official service list in the above-captioned proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed 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 online 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 26, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-348 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER05-67-000] Metcalf Energy Center, LLC; Notice of Issuance of Order January 19, 2005. Metcalf Energy Center, LLC (Metcalf) filed an application for market-based rate authority, with an accompanying tariff. The proposed tariff provides for wholesale sales of energy, capacity and ancillary services at market-based rates. Metcalf also requested waiver of various Commission regulations. In particular, Metcalf requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Metcalf. On January 12, 2005, 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 Metcalf 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 11, 2005. Absent a request to be heard in opposition by the deadline above, Metcalf 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 Metcalf, 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 Metcalf'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. E5-345 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-49-000] Northern Natural Gas Company; Notice of Application January 19, 2005. Take notice that on January 10, 2005, Northern Natural Gas Company (Northern), filed in Docket No. CP05-49-000 an application pursuant to section 7 of the Natural Gas Act and part 157 of the Commission's regulations, requesting a certificate of public convenience and necessity to construct, modify and operate certain pipeline and compression facilities located in Wisconsin and Minnesota, all as more fully set forth in the request which is on file with the Commission and open to public inspection. This filing may also be 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. Northern proposes to:
(1)Construct and operate approximately 3.2 miles of 30-inch diameter pipeline in Lafayette County, Wisconsin at the Bluff Creek Interconnect, located at the terminus of Northern's East Leg pipeline system and
(2)increase the horsepower
(HP)at its existing Chatfield compressor station (Chatfield) located in Fillmore County, Minnesota by installing a new 2,500 HP electric motor reciprocating compressor on the Tomah Branch Line. Northern states that the proposed Wisconsin pipeline facilities will enable Northern to guarantee a 675 psig operating pressure requested by Wisconsin Gas LLC during two separate open seasons posted November 23 through December 8, 2004. Northern further states that the additional horsepower at Chatfield will increase the peak day capacity on the Tomah Line and is required to meet firm incremental service requested by Wisconsin Gas over a 5-year period of up to 1,785 Dth/d. Northern requests Commission approval no later than August 1, 2005, in order to meet an in-service date of November 1, 2005. Any questions regarding this application should be directed to Michael T. Loeffler, Director, Certificates and Government Affairs for Northern, 1111 South 103rd Street, Omaha, Nebraska 68124, at
(402)398-7103 or Donna Martens, Senior Regulatory Analyst, at
(402)398-7138. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. 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:* February 9, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-344 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER05-443-000, et al.] Midwest Independent Transmission System Operator, Inc., et al.; Electric Rate and Corporate Filings January 21, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-443-000] Take notice that on January 13, 2005, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) and American Transmission Systems, Incorporated
(ATSI)submitted a Revised and Restated Generator Interconnection and Operating Agreement among FirstEnergy Nuclear Operating Company, ATSI and the Midwest ISO. Midwest ISO requests an effective date of January 1, 2005. Midwest ISO copy of this filing was served on parties to the Interconnection Agreement. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 2. Florida Power & Light Company [Docket No. ER05-444-000] Take notice that on January 13, 2005, Florida Power & Light Company
(FPL)tendered for filing a new Rate Schedule No. 303, Agreement for Specified Services between FPL and Bio-Energy Partners. FPL requests an effective date of January 1, 2005. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 3. Florida Power & Light Company [Docket No. ER05-445-000] Take notice that on January 13, 2005, Florida Power & Light Company
(FPL)tendered for filing a new Rate Schedule No. 304, Bio-energy Partners Parallel Operation Agreement between FPL and Seminole Electric Cooperative, Inc. FPL requests an effective date of January 1, 2005. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 4. California Independent System Operator Corporation [Docket No. ER05-449-000] Take notice that on January 13, 2005, the California Independent System Operator Corporation
(ISO)filed an amendment (Amendment No. 4) to revise the Metered Sybsystem Agreement between the ISO and Silicon Valley Power (SVP). The ISO requests an effective date of February 21, 2005. The ISO states that the non-privileged elements of this filing have been served on SVP, the California Public Utilities Commission, and all entities on the official service lists for Docket Nos. ER02-2321-000, ER04-185-000, ER04-940 and ER05-81-000. *Comment Date:* 5 p.m. Eastern Time on February 3, 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. Linda Mitry, Deputy Secretary. [FR Doc. E5-349 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG05-31-000, et al.] TransAlta Centralia Generation LLC, et al.; Electric Rate and Corporate Filings January 24, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. TransAlta Centralia Generation LLC [Docket No. EG05-31-000] On January 14, 2005, TransAlta Centralia Generation LLC
(TACG)filed with the Commission an application for redetermination of exempt wholesale generator
(EWG)status pursuant to part 365 of the Commission's regulations. TACG states that copies of the application were sent to the Securities and Exchange Commission and the Oregon Public Utility Commission, the Washington Utilities and Transportation Commission, the California Public Utilities Commission, the Wyoming Public Service Commission, the Idaho Public Utility Commission, and the Utah Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 2. Florida Power Corporation [Docket No. ER97-2846-004] Take notice that on December 23, 2004, Florida Power Corporation submitted a compliance filing pursuant to the Commission's Orders issued May 13, 2004 in Docket No. ER02-1406-001, *et al., Arcadia Power Partners, LLC,* 107 FERC ¶ 61,168 and July 8, 2004 in Docket No. ER96-2495-018, *et al., AEP Power Marketing, Inc.,* 108 FERC ¶ 61,026. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 3. Central Vermont Public Service Corporation [Docket No. ER98-2329-005] Take notice that on January 13, 2005, Central Vermont Public Service Corporation (Central Vermont) tendered for filing information and data in support of its request for renewal of market-based rate authority filed on October 25, 2004 in Docket No. ER98-2329-003, as supplemented on November 9, 2005 in Docket No. ER98-2329-004. Central Vermont states that a copy of the filing was served upon all parties to the Commission's official service list in Docket Nos. ER98-2329, the Vermont Public Service Board, and the New Hampshire Public Utilities Commission. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 4. Hermiston Generating Company, L.P. [Docket No. ER01-2159-005] Take notice that on January 13, 2005, Hermiston Generating Company, L.P. (Hermiston), submitted for filing a notice of a change in facts with respect to its ownership that represents a departure from the characteristics the Commission relied upon in granting market-based rate authority to Hermiston. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 5. CalPeak Power—Midway LLC, CalPeak Power—Panoche LLC, CalPeak Power—Vaca Dixon LLC, CalPeak Power—El Cajon LLC, CalPeak Power—Enterprise LLC, CalPeak Power—Border LLC [Docket Nos. ER01-2537-001, ER01-2543-001, ER01-2544-001, ER01-2545-001, ER01-2546-001, ER01-2547-001] Take notice that on January 13, 2005, CalPeak Power—Midway LLC, CalPeak Power—Panoche LLC, CalPeak Power—Vaca Dixon LLC, CalPeak Power—El Cajon LLC, CalPeak Power—Enterprise LLC, and CalPeak Power—Border LLC (collectively, the CalPeak Entities) submitted a triennial updated power analysis and revised tariff sheets to incorporate the Commission's market behavior rules adopted in *Investigation of Terms and Conditions of Public Utility Market-Based Rate* Authorizations, 105 FERC ¶ 61,218 (2003), *order on reh'g* , 107 FERC ¶ 61,175 (2004). The CalPeak Entities state that copies of the filing were served upon parties on the official service lists in above-captioned proceedings. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 6. HC Power Marketing L.L.C. [Docket No. ER02-388-003] Take notice that on January 13, 2005, HC Power Marketing
(HCPM)submitted for filing a triennial updated market analysis. HCPM states that copies of the filing were served upon the parties listed on the official service list compiled by the Secretary in Docket No. ER02-388. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 7. Southern California Edison Company [Docket No. ER05-170-001] Take notice that on January 13, 2005, Southern California Edison Company
(SCE)submitted the Devil Canyon Service Agreement for Wholesale Distribution Service, Service Agreement No. 126, under FERC Electric Tariff, First Revised Volume No. 5 as a supplement to its November 2, 2004 filing under Docket No. ER05-170-000. SCE states that copies of the filing were served upon those persons whose names appear on the official service list compiled by the Commission in this Docket No. ER05-170-000. *Comment Date:* 5 p.m. Eastern Time on January 31, 2005. 8. Kansas City Power & Light Company [Docket No. ER05-177-001] Take notice that on January 14, 2005, Kansas City Power & Light Company
(KCPL)submitted a compliance filing pursuant to the Commission's Order issued December 28, 2004 in Docket No. ER05-177-000. KCPL states that this filing pertains to service schedules for the City of Baldwin City, Kansas. KCPL states that copies of the filing were served on the City of Baldwin City, Kansas as well as the Missouri Public Service Commission and the Kansas State Corporation Commission. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 9. Carolina Power & Light Company [Docket No. ER05-183-000] Take notice that on January 14, 2005, Carolina Power & Light Company filed a notice of withdrawal of its November 4, 2004 filing in Docket No. ER05-183-000 regarding a Generator Balancing Service Schedule under the Open Access Transmission Tariffs of CP&L and Florida Power Corporation. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 10. Virginia Electric and Power Company [Docket No. ER05-197-001] Take notice that on January 13, 2005, Virginia Electric and Power Company (VEPCO) submitted for filing a response to the deficiency letter issued on December 15, 2004 regarding VEPCO's November 8, 2004 filing in Docket No. ER005-197-000 of an executed Standard Large Generator Interconnection Agreement with CPV Warren, LLC. VEPCO requests an effective date of November 9, 2004. VEPCO states that copies of the filing were served upon the Commission's official service list in Docket No. ER05-197 and the Virginia State Corporation Commission. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 11. JPMorgan Chase Bank, N.A. [Docket No. ER05-283-001] Take notice that on January 13, 2005, JPMorgan Chase Bank, N.A. (JPMCB) filed an amendment to its December 2, 2004 filing in Docket No. ER05-283-000 for acceptance of JPMCB's Rate Schedule FERC No. 1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 12. Avista Energy, Inc. [Docket No. ER05-313-001] Take notice that on January 13, 2005, Avista Energy, Inc. (Avista Energy) filed proposed revisions to its First Revised Rate Schedule FERC No. 1 originally filed on December 7, 2004 in Docket No. ER05-313-000. *Comment Date:* 5 p.m. Eastern Time on February 3, 2005. 13. American Electric Power Service Corporation [Docket No. ER05-450-000] Take notice that on January 14, 2005, the American Electric Power Service Corporation (AEPSC), tendered for filing an Interconnection and Local Delivery Service Agreement between AEPSC and the City of Dowagiac, Michigan, designated as Substitute Service Agreement No. 532 under the Operating Companies of the American Electric Power System FERC Electric Tariff, Third Revised Volume No. 6. AEPSC requests an effective date of January 1, 2005. AEPSC states that a copy of the filing was served upon the Party and the Michigan Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 14. Wisconsin Electric Power Company [Docket No. ER05-451-000] Take notice that on January 14, 2005, Wisconsin Electric Power Company (Wisconsin Electric) submitted for filing revised Exhibit No. 4.4 of two Generation-Transmission Must Run Agreements between Wisconsin Electric and American Transmission Company, LLC (ATCLLC) to reflect updated inputs to the formula rate applicable to the sale of must run energy from several Wisconsin Electric generation units. Wisconsin Electric requests an effective date of January 1, 2005. Wisconsin Electric states that copies of this filing were served upon ATCLLC, the Michigan Public Service Commission and the Public Service Commission of Wisconsin. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 15. Public Service Company of New Mexico [Docket No. ER05-452-000] Take notice that on January 14, 2005, Public Service Company of New Mexico
(PNM)submitted for filing an executed service agreement for firm point-to-point transmission service and ancillary services between PNM Transmission Development and Contracts and PNM Wholesale Marketing, under the terms of PNM's open access transmission tariff. PNM requests an effective date of January 1, 2005. PNM states that copies of the filing have been sent to PNM Wholesale Marketing, PNM Transmission Development and Contracts, the New Mexico Public Regulation Commission and the New Mexico Attorney General. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 16. Wisconsin River Power Company [Docket No. ER05-453-000] Take notice that on January 14, 2005, Wisconsin River Power Company (Wisconsin River) filed a market-based rate tariff for sales of energy and capacity into the Midwest Independent Transmission System Operator, Inc.
(MISO)and the PJM Interconnection, L.L.C.
(PJM)centralized markets and minor revisions to two power sales agreements to facilitate such sales. Wisconsin River requests an effective date of February 28, 2005. Wisconsin River states that copies of the filing were served upon PJM, MISO, and the Michigan Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 17. Bear Swamp Power Company LLC [Docket No. ER05-454-000] Take notice that on January 14, 2005, Bear Swamp Power Company LLC (Bear Swamp) submitted for filing, pursuant to section 205 of the Federal Power Act and Part 35 of the Commission's regulations an application for market-based rate authorization to sell energy, capacity, and ancillary services, and reassign transmission capacity and resell firm transmission rights. Bear Swamp also requests the waivers and exemptions from regulations typically granted to the holders of market-based rate authorization. Bear Swamp requests an effective date of March 15, 2005. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 18. Bellows Falls Power Company, LLC [Docket No. ER05-455-000] Take notice that on January 14, 2005, Bellows Falls Power Company, LLC (Bellows Falls) submitted for filing, pursuant to section 205 of the Federal Power Act and part 35 of the Commission's regulations an application for market-based rate authorization to sell energy, capacity, and ancillary services, and reassign transmission capacity and resell firm transmission rights. Bellow Falls also requests the waivers and exemptions from regulations typically granted to the holders of market-based rate authorization. Bellows Falls requests an effective date as of the date of closing on the lease of the Bellows Falls Hydroelectric Project which is expected to occur by the end of the first quarter of 2005. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 19. PJM Interconnection, L.L.C. [Docket No. ER05-456-000] Take notice that on January 14, 2005, PJM Interconnection, L.L.C. (PJM), submitted for filing an executed interconnection service agreement
(ISA)among PJM, American Municipal Power-Ohio, Inc. as agent for Ohio Municipal Electric Generation Joint Venture 5, and American Electric Power Service Corporation as agent for Ohio Power Company doing business as AEP, and a notice of cancellation of an interim service agreement that has been superseded. PJM requests an effective date of December 16, 2004 for the ISA. PJM states that copies of this filing were served upon the parties to the agreement and the state regulatory commissions within the PJM region. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 20. Duquesne Light Company [Docket No. ER05-457-000] Take notice that on January 14, 2005, Duquesne Light Company (Duquesne) submitted an amendment to an Interchange Agreement between affiliates of FirstEnergy Corp. (FirstEnergy) and Duquesne to reflect the disconnection and retirement from operation of one of the 69kV transmission lines that interconnects the transmission systems of FirstEnergy and Duquesne. Duquesne states that copies of the filing were served on the state regulatory commissions with jurisdiction over Duquesne and FirstEnergy. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. 21. Wisconsin Electric Power Company [Docket No. ER05-458-000] Take notice that on January 14, 2005, Wisconsin Electric Power Company (Wisconsin Electric) submitted proposed amendments to Wisconsin Electric's Electric Tariff, Second Revised Volume No. 2. Wisconsin Electric states that the amendments would revise Service Schedule F—Dynamic Regulation and Frequency Response Service to broaden its applicability to new generators locating within the control area historically (prior to January 1, 2001) operated by Wisconsin Electric Power Company and the historical service territory of Edison Sault Electric Company (Wisconsin Electric Control Area). Wisconsin Electric requests an effective date of March 15, 2005. Wisconsin Electric states that copies of the filing were served on its CST customers and on the state regulatory bodies in Wisconsin and Michigan. *Comment Date:* 5 p.m. Eastern Time on February 4, 2005. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-354 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 287-009—IL] Midwest Hydro Inc.; Notice of Availability of Environmental Assessment January 24, 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 Dayton Hydroelectric Project, located on the Fox River, in La Salle County, Illinois, 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 *FERCOnlineSupport@ferc.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 “Dayton Project No. 287” 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 “eFiling” link. For further information, contact Tom Dean at
(202)502-6041. Magalie R. Salas, Secretary. [FR Doc. E5-350 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1855-027] USGen New England, Inc.; Notice of Availability of Environmental Assessment January 24, 2005. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects' staff has prepared an Environmental Assessment
(EA)for an application for a non-capacity related amendment of the Bellows Falls Project. The Bellows Falls Project, FERC No. 1855, is located on the Connecticut River in Chesire and Sullivan Counties, New Hampshire, and Windham and Windsor Counties, Vermont. The EA contains the staff's analysis of the potential environmental impacts of the proposal and concludes that approval of the proposal would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is attached to a January 21, 2005 Commission order titled Order Approving Change In Project Boundary, 110 FERC ¶ 62,046, which is available for review and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426. 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 (prefaced by P-) and excluding the last three digits, in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. For further information, contact Rebecca Martin at
(202)502-6012. Magalie R. Salas, Secretary. [FR Doc. E5-351 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF05-2-000] Midwestern Gas Transmission Company; Notice of Intent To Prepare an Environmental Assessment for the Proposed MGT Eastern Extension Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meeting January 21, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment
(EA)that will discuss the environmental impacts of Midwestern Gas Transmission Company's
(MGT)MGT Eastern Extension Project in Sumner and Trousdale Counties, Tennessee. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. Your input will help the Commission staff determine which issues need to be evaluated in the EA. The Commission will use the EA in its decision making process to determine whether or not to authorize the project. Please note that the scoping period will close on March 3, 2005. Comments may be submitted in written form or verbally. Further details on how to submit written comments are provided in the public participation section of this notice. In lieu of sending written comments, you are invited to attend the public scoping meeting that is scheduled as follows: Tuesday, February 24, 2005, 7 p.m. (CST): Sumner County Building, 355 No. Belvedere Drive, Gallatin, TN,
(615)452-3604. This notice is being sent to affected landowners; federal, state, and local government representatives and agencies; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers in this proceeding. We 1 encourage government representatives to notify their constituents of this planned project and encourage them to comment on their areas of concern. 1 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects. Summary of the Proposed Project MGT proposes to construct and operate about 30 miles of 16-inch-diameter pipeline commencing at the MGT Portland Station in Sumner County, Tennessee and traversing southeasterly to proposed interconnects with Columbia Gulf Transmission Company and East Tennessee Natural Gas Company in Trousdale County, Tennessee. The proposed pipeline would deliver up to 120,000 decatherms per day (Dth/d) to Piedmont Natural Gas Company, Inc., a local distribution company, for long-term transportation. Additional pipeline facilities would consist of a pig launcher and piping modifications to existing reciprocating engines at the MGT Portland Station, mainline valve assemblies and a pig receiver at the terminus of the line, ultrasonic meters with electronic flow measurement, flow control valves, and data acquisition control buildings. MGT plans to file a formal application for this project with the FERC in May 2005. They are requesting approval to begin construction in June 2006, with a proposed in-service date of November 1, 2006. A map depicting MGT's proposed pipeline route is provided in Appendix 1. 2 2 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference and Files Maintenance Branch, Room 2A or call
(202)502-8371. For instructions on connecting to “eLibrary” refer to the end of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Several issues have already been raised by concerned citizens, which include public safety, eminent domain, proximity to residences, and property values. The EA Process Although no formal application for authorizing natural gas facilities has been filed, the FERC staff is initiating its National Environmental Policy Act
(NEPA)review now. The purpose of the FERC's Pre-filing Process is to encourage the early involvement of interested stakeholders and to identify and resolve issues before an application is filed with the FERC. The FERC will use the EA to consider the environmental impact that could result if it issues MGT a Certificate of Public Convenience and Necessity. This notice formally announces our preparation of the EA and the beginning of the process referred to as “scoping”. We are soliciting input from the public and interested agencies to help us focus the analysis in the EA on the potentially significant environmental issues related to the proposed action. Our independent analysis of the issues will be included in an EA that will be mailed to federal, state, and local government agencies; elected officials; environmental and public interest groups; affected landowners; other interested parties; Native American tribes; local newspapers and libraries; and the FERC's official service list for this proceeding. A 30-day comment period will be allotted for review of the EA. We will consider all comments on the EA in any Commission Order that is issued for the project. We have held early discussions with other jurisdictional agencies to identify their issues and concerns. These agencies include the U.S. Army Corps of Engineers, Nashville District; Tennessee Wildlife Resources Agency; and the Tennessee Department of Environment and Conservation, Divisions of Natural Heritage and Water Pollution Control. With this notice, we are asking these and other federal, state, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us in the preparation of the EA. Agencies that would like to request cooperating status should follow the instructions for filing comments provided below. Public Participation You can make a difference by providing us with your specific comments or concerns about the proposal. Your comments should focus on the potential environmental effects, reasonable alternatives (including alternative locations/routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please mail your comments so that they will be received in Washington, DC on or before March 3, 2005, and carefully follow these instructions: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of your comments for the attention of Gas Branch 1; DG2E; and • Reference Docket No. PF05-2-000 on the original and both copies. The public scoping meeting to be held on February 24, 2005 in Gallatin, TN is designed to provide another opportunity to offer comments on the proposed project. Interested groups and individuals are encouraged to attend this meeting and to present comments on the environmental issues they believe should be addressed in the EA. Transcripts of the meeting will be made so that your comments will be accurately recorded. Please note that the Commission encourages electronic filing of comments. *See* 18 Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the “eFiling” link and the link to the User's Guide. Prepare your submission in the same manner as you would if filing on paper and save it to a file on your hard drive. Before you can file comments you will need to create an account by clicking on “Login to File” and then “New User Account”. You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing”. When MGT submits its application for authorization to construct and operate the MGT Eastern Extension Project, the Commission will publish a Notice of Application in the **Federal Register** and will establish a deadline for interested persons to intervene in the proceeding. Because the Commission's NEPA Pre-filing Process occurs before an application to begin a proceeding is officially filed, petitions to intervene during this process are premature and will not be accepted by the Commission. Environmental Mailing List An effort is being made to send this notice to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. This includes all landowners who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within distances defined in the Commission's regulations of certain above-ground facilities. If you wish to remain on our environmental mailing list, please return the Information Request Form included in Appendix 2. If you do not return this form, you will be removed from our mailing list. Availability of Additional Information A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” is also available for viewing on the FERC Internet website. This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. Additional information about the project is available from the Commission's Office of External Affairs at 1-866-208-FERC
(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ). Using the “eLibrary” link, select General Search from the “eLibrary” menu, enter the selected date range and Docket Number ( *i.e.* , PF05-2), and follow the instructions. Searches may also be done using the phrase MGT Extension Project in the Text Search field. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The “eLibrary” link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. In addition, the FERC now offers a free service called “eSubscription” that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm.* Finally, MGT has established an Internet Web site for its project at *http://www.mgt.nborder.com.* The Web site includes a description of the project, overview map, contact information for MGT, and links to related documents. Magalie R. Salas, Secretary. [FR Doc. E5-337 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-36-000, CP04-41-000] Weaver's Cove Energy, L.L.C., Mill River Pipeline, L.L.C.; Notice of Limited Additional Period for Comment January 19, 2005. On July 30, 2004, the Secretary of the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Availability of the Draft Environmental Impact Statement
(DEIS)and the Draft General Conformity Determination for the Proposed Weaver's Cove LNG Project, in the above-docketed proceedings. Comments on the draft EIS were due to the Secretary by September 20, 2004. As described below in this Notice, because it took the Commission time to process the requests described in the following paragraph, we will allow a limited opportunity for those who receive additional information to submit supplemental comments based on that information. Responses will be included in the Final Environmental Impact Statement. The Commission has received numerous requests under its critical energy infrastructure information
(CEII)regulation, 18 CFR 388.113, for several documents filed as CEII by Weaver's Cover Energy, L.L.C. (Weaver's Cove). The Commission and the Commission's CEII Coordinator are currently processing these requests. To the extent that a CEII request existing as of January 19, 2005 is granted, notice is given that any such requester is hereby given a period of thirty calendar days after the additional information is made available to the requester within which to submit any additional comments on the DEIS related to the information obtained as part of the CEII request. Magalie R. Salas, Secretary. [FR Doc. E5-342 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [P-2601-007] Duke Power; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions January 21, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Subsequent minor license. b. *Project No.:* 2601-007. c. *Date filed:* July 22, 2003. d. *Applicant:* Duke Power. e. *Name of Project:* Bryson Hydroelectric Project. f. *Location:* On the Oconaluftee River, in Swain County, North Carolina. The project does not affect Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* John C. Wishon, Nantahala Area Relicensing Project Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734,
(828)369-4604, *jcwishon@duke-energy.com* . i. *FERC Contact:* Carolyn Holsopple at
(202)502-6407 or *carolyn.holsopple@ferc.gov* . j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. 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. Comments, recommendations, terms and conditions, and prescriptions 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 “eLibrary” link. k. This application has been accepted for filing and is now ready for environmental analysis. l. The existing Bryson Hydroelectric Project operates in a run-of-river mode, within a 6-inch tolerance band. Project operation is dependent on available flow in the Oconaluftee River. The project consists of the following features:
(1)A 341-foot-long, 36-foot-high concrete multiple arch dam, consisting of, from left to right facing downstream,
(a)a concrete, non-overflow section,
(b)two gravity spillway sections, each surmounted by a 16.5-foot-wide by 16-foot-high Tainter gate, and
(c)an uncontrolled multiple-arch spillway with four bays;
(2)a 1.5-mile-long, 38-acre impoundment at elevation 1828.41 mean sea level (msl);
(3)two intake bays, each consisting of an 8.5-foot-diameter steel intake pipe with a grated trashrack having a clear bar spacing of between 2.25 to 2.5 inches;
(4)a powerhouse having a brick and concrete superstructure and concrete substructure, containing two turbine/generating units, having a total installed capacity of 980 kilowatts (kW);
(5)a switchyard, with three single-phased transformers; and
(6)appurtenant facilities. Duke Power estimates that the average annual generation is 5,534,230 kilowatt hours (kWh). Duke Power uses the Bryson Project facilities to generate electricity for use by retail customers living in the Duke Power-Nantahala Area. m. 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 e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission's regulations, any competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice. All filings must
(1)bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. Magalie R. Salas, Secretary. [FR Doc. E5-332 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [P-2602-007] Duke Power; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions January 21, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Surrender of License. b. *Project No.:* 2602-007. c. *Date filed:* May 26, 2004. d. *Applicant:* Duke Power. e. *Name of Project:* Dillsboro Hydroelectric Project. f. *Location:* On the Tuckasegee River, in Jackson County, North Carolina. The project does not affect federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* John C. Wishon, Nantahala Area Relicensing Project Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734,
(828)369-4604, *jcwishon@duke-energy.com* i. *FERC Contact:* Carolyn Holsopple at
(202)502-6407 or *carolyn.holsopple@ferc.gov.* j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. 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. Comments, recommendations, terms and conditions, and prescriptions 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. k. This application has been accepted for filing and is now ready for environmental analysis. l. Duke Power filed an application to surrender its major license for the Dillsboro Hydroelectric Project. Duke requests that the Commission approve the following:
(1)Continue operating the Dillsboro Project under the terms of the current license until dam removal begins;
(2)Decommission the dam and powerhouse and complete dam removal and powerhouse closure/removal within three years following the final FERC approval order;
(3)Prepare and obtain FERC approval of, and implement an environmental monitoring plan in association with the dam removal, including completion of the Duke implemented portions of any post-removal stream restoration and annual monitoring within two years following completion of the dam removal. Also included in the surrender application was the Tuckasegee/Nantahala Settlement Agreements which were filed on January 26, 2004 as part of the relicense applications for the East Fork (P-2698), West Fork (P-2686), Nantahala (P-2692), Bryson (P-2601), Franklin (P-2603), and Mission (P-2619) Hydroelectric Projects. The settlement agreements provide various environmental enhancement measures, which include the removal of the Dillsboro Dam and Powerhouse. m. 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 e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission's regulations, any competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice. All filings must
(1)bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. Magalie R. Salas, Secretary. [FR Doc. E5-333 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [P-2686-032] Duke Power; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions January 21, 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. b. *Project No.:* 2686-032. c. *Date filed:* January 26, 2004. d. *Applicant:* Duke Power. e. *Name of Project:* West Fork Hydroelectric Project. f. *Location:* On the West Fork of the Tuckasegee River, in Jackson County, North Carolina. The project does not affect federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* John C. Wishon, Nantahala Area Relicensing Project Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734,
(828)369-4604, *jcwishon@duke-energy.com.* i. *FERC Contact:* Carolyn Holsopple at
(202)502-6407 or *carolyn.holsopple@ferc.gov.* j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. 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. Comments, recommendations, terms and conditions, and prescriptions 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. k. This application has been accepted for filing and is now ready for environmental analysis. l. The existing West Fork Project operates in a peaking mode and is comprised of two developments: Thorpe and Tuckasegee. The Thorpe development consists of the following features:
(1)A 900-foot-long, 150-foot-tall rockfill dam (Glenville Dam), with a 410-foot-long, 122-foot-tall earth and rockfill saddle dam located approximately 500 feet from the main dam left abutment;
(2)a spillway for Glenville Dam located at the right abutment;
(3)a 1,462-acre reservoir, with a normal reservoir elevation of 3,491.8 feet National Geodetic Vertical Datum and a storage capacity of 72,000-acre-feet;
(4)a concrete and brick powerhouse containing one generating unit having an installed capacity of 15.5 megawatts (MW); and
(5)appurtenant facilities. The Tuckasegee development consists of the following features:
(1)A 254-foot-long, 61-foot-high concrete arch dam (Tuckasegee Dam), with 24 steel flashboards;
(2)a 233.5-foot-long spillway;
(3)a 7.9-acre reservoir, with a normal reservoir elevation of 2,778.75 feet National Geodetic Vertical Datum and a storage capacity of 35-acre-feet;
(4)a concrete powerhouse containing one generating unit having an installed capacity of 2.6 MW; and
(5)appurtenant facilities. m. 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 e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission's regulations, any competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice. All filings must
(1)bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. Magalie R. Salas, Secretary. [FR Doc. E5-334 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [P-2692-032] Duke Power; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions January 21, 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. b. *Project No.:* 2692-032. c. *Date filed:* February 20, 2004. d. *Applicant:* Duke Power. e. *Name of Project:* Nantahala Hydroelectric Project. f. *Location:* On the Nantahala River and its tributaries, in Macon and Clay Counties, North Carolina. There are 41 acres of United States Forest Service managed land (Nantahala National Forest) within the Nantahala Project boundary. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* John C. Wishon, Nantahala Area Relicensing Project Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734,
(828)369-4604, *jcwishon@duke-energy.com.* i. *FERC Contact:* Carolyn Holsopple at
(202)502-6407 or *carolyn.holsopple@ferc.gov.* j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. 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. Comments, recommendations, terms and conditions, and prescriptions 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. k. This application has been accepted for filing and is now ready for environmental analysis. l. The existing Nantahala Project operates in a peaking mode and consists of the following features:
(1)A 1,042-foot-long, 250-foot-high earth and rockfill dam;
(2)a spillway for the dam located at the east abutment;
(3)a 1,605-acre reservoir, with a normal reservoir elevation of 3,012.2 feet National Geodetic Vertical Datum and a storage capacity of 38,336 acre-feet;
(4)a reinforced concrete powerhouse containing one generating unit having an installed capacity of 42 megawatts (MW);
(5)two stream diversions (Dicks Creek and Whiteoak Creek) that provide additional flow into the project; and
(6)appurtenant facilities. m. 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 e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission's regulations, any competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice. All filings must
(1)Bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. Magalie R. Salas, Secretary. [FR Doc. E5-335 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [P-2698-033] Duke Power; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions January 21, 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. b. *Project No.:* 2698-033. c. *Date filed:* February 20, 2004. d. *Applicant:* Duke Power. e. *Name of Project:* East Fork Hydroelectric Project. f. *Location:* On the East Fork of the Tuckasegee River, in Jackson County, North Carolina. There are 23.15 acres of United States Forest Service land (Nantahala National Forest) within the boundary of the project. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* John C. Wishon, Nantahala Area Relicensing Project Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734,
(828)369-4604, *jcwishon@duke-energy.com.* i. *FERC Contact:* Carolyn Holsopple at
(202)502-6407 or *carolyn.holsopple@ferc.gov.* j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. 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. Comments, recommendations, terms and conditions, and prescriptions 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. k. This application has been accepted for filing and is now ready for environmental analysis. l. The existing East Fork Project operates in a peaking mode and is comprised of three developments: Cedar Cliff, Bear Creek and Tennessee Creek. The Cedar Cliff development consists of the following features:
(1)A 590-foot-long, 173-foot-tall earth core and rockfill dam (Cedar Cliff Dam);
(2)a service spillway excavated in rock at the right abutment;
(3)a 221-foot-long emergency spillway located at the left abutment;
(4)a 121-acre reservoir, with a normal reservoir elevation of 2,330 feet National Geodetic Vertical Datum and a storage capacity of 6,200-acre-feet;
(5)a concrete powerhouse containing one generating unit having an installed capacity of 6.1 megawatts (MW); and
(6)appurtenant facilities. The Bear Creek development consists of the following features:
(1)A 760-foot-long, 215-foot-tall earth core and rockfill dam (Bear Creek Dam);
(2)a spillway on the right abutment;
(3)a 473-acre reservoir, with a normal reservoir elevation of 2,560 feet National Geodetic Vertical Datum and a storage capacity of 34,650-acre-feet;
(4)a concrete powerhouse containing one generating unit having an installed capacity of 8.2 MW; and
(5)appurtenant facilities. The Tennessee development consists of the following features:
(1)A 385-foot-long, 140-foot-tall earth core and rockfill dam (Tanasee Creek Dam) with a 225-foot-long, 15-foot-tall earth and rockfill saddle dam located 600 feet south of the Tanasee Creek Dam left abutment;
(2)a spillway located in a channel excavated in the right abutment;
(3)a 810-foot-long, 175-foot-tall earth core and rockfill dam (Wolf Creek Dam);
(4)a spillway located in a channel excavated in the right abutment;
(5)a 40-acre reservoir (Tanasee Creek Lake), with a normal reservoir elevation of 3,080 feet National Geodetic Vertical Datum and a storage capacity of 1,340-acre-feet;
(6)a 176-acre reservoir (Wolf Creek Lake), with a normal reservoir elevation of 3,080 feet National Geodetic Vertical Datum and a storage capacity of 10,040-acre-feet;
(7)a concrete powerhouse containing one generating unit having an installed capacity of 8.75 MW. m. 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 e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission's regulations, any competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice. All filings must
(1)bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. Magalie R. Salas, Secretary. [FR Doc. E5-336 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Surrender of License and Soliciting Comments, Motions To Intervene, and Protests January 19, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Surrender of License. b. *Project No.:* 8535-039. c. *Date filed:* December 20, 2004. d. *Licensee:* Virginia Hydrogeneration and Historical Society, LC. e. *Name of Project:* Battersea Dam. f. *Location:* Located on the Appomattox River, in Chesterfield and Dinwiddie Counties, Virginia. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Licensee Contact:* Paul V. Nolan, Esq., 5515 North 17th Street, Arlington, Virginia 22205,
(703)534-5509. i. *FERC Contact:* Regina Saizan,
(202)502-8765. j. *Status of Environmental Analysis:* This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, and recommendations for terms and conditions. k. *Deadline for filing responsive documents:* comments, motions to intervene, protests, and recommendations for terms and conditions concerning the application shall be filed with the Commission by February 22, 2005. All reply comments must be filed with the Commission by March 7, 2005. 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. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in 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, the intervenor must also serve a copy of the document on that resource agency. l. *Description of Proposed Action:* The licensee seeks to surrender the license because its lease of the project lands and facilities has been cancelled and it does not have the means or the intent to reacquire the project lands and to operate the project. The 500 kilowatt project is currently not operating. m. *Locations of Application:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE, Room 2A, Washington, DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, here P-8535, in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. n. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. o. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, 385.214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. p. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and eight copies to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An additional copy must be sent to the Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. q. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If any agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E5-341 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice Soliciting Comments, and Final Recommendations, Terms and Conditions, and Prescriptions January 19, 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. b. *Project No.:* 2150-033. c. *Date Filed:* April 30, 2004. d. *Applicant:* Puget Sound Energy. e. *Name of Project:* Baker River Hydroelectric Project. f. *Location:* On the Baker River, near the Town of Concrete, in Whatcom and Skagit Counties, Washington. The project occupies about 5,207 acres of lands within the Mt. Baker-Snoqualmie National Forest managed by the U.S. Forest Service. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)—825(r). h. *Applicant Contact:* Connie Freeland, Puget Sound Energy, P.O. Box 97034 PSE-09S Bellevue, WA 98009-9734;
(425)462-3556 or connie.freeland@pse.com. i. *FERC Contact:* Steve Hocking, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426;
(202)502-8753 or *steve.hocking@ferc.gov* j. Deadline for filing comments and final recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. 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. Please put the project name “Baker River Project” and project number “P-2150-033” on the first page of all documents. 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. Comments and final recommendations, terms and conditions, and prescriptions 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. k. This application has been accepted for filing. l. *Project Description:* The Baker River Project has two developments. The Upper Baker development consists of the following existing facilities:
(1)A 312-foot-high by 1,200-foot-long concrete gravity dam impounding Baker Lake with a surface area of about 4,980 acres at a normal full pool elevation of 727.77 feet mean sea level (msl);
(2)a 122-foot-long, 59-foot wide concrete and steel powerhouse at the base of the dam containing two turbine-generator units, Unit No. 1 with an authorized capacity of 52,400 kilowatts
(kW)and Unit No. 2 with an authorized capacity of 38,300 kW;
(3)a 115-foot-high by 1,200-foot-long earth and rock-fill dam, known as West Pass dike, located in a depression about 1,500 feet north of Upper Baker dam;
(4)a 22-foot-high by 3,000-foot-long earth-filled dike, known as Pumping Pond dike, which impounds Depression Lake with a surface area of 44 acres at a normal full pool elevation of 699 feet msl;
(5)a water recovery pumping station adjacent to Pumping Pond;
(6)fish passage facilities and fish spawning facilities; and
(7)appurtenant facilities. The Lower Baker development consists of the following existing facilities:
(1)A 285-foot-high by 550-foot-long concrete thick arch dam impounding Lake Shannon with a surface area of about 2,278 acres at a normal full pool elevation of 442.35 feet msl;
(2)a concrete intake equipped with trashracks and gatehouse located at the dam's left abutment;
(3)a 1,410-foot-long concrete and steel-lined pressure tunnel;
(4)a concrete surge tank near the downstream end of the pressure tunnel;
(5)a 90-foot-long, 66-foot-wide concrete and steel powerhouse containing one turbine-generator unit, Unit No. 3 with an authorized capacity of 79,330 kW;
(6)a 750-foot-long, 115-kilovolt transmission line;
(7)fish passage facilities including a 150-foot-long by 12-foot-high barrier dam; and
(8)appurtenant facilities. m. A copy of the application 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. A copy is also available for inspection and reproduction at the address in item h above. n. All filings must
(1)bear in all capital letters the title “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. You may 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. *Revised Procedural Schedule:* The application will be processed according to the following Revised Hydro Licensing Schedule: *Amended PDEA and Draft Biological Assessment Due:* January 31, 2005. *Final Terms and Conditions Due:* March 21, 2005. *Last Day to Request Water Quality Certificate:* March 21, 2005. *Issue Notice of Draft Environmental Assessment (EA):* May 2005. *Issue Notice of Final EA:* August 2005. *Ready for Commission Decision on Application:* December 2005. Magalie R. Salas, Secretary. [FR Doc. E5-346 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application and Soliciting Comments, Motions To Intervene, and Protests January 19, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-project use of project lands. b. *Project No:* 739-017. c. *Date Filed:* January 3, 2005. d. *Applicant:* Appalachian Power Company. e. *Name of Project:* Claytor Hydroelectric Project. f. *Location:* The project is located on the New River in Pulaski County, Virginia. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Theresa P. Rogers, Hydro Generation Department, American Electric Power, P.O. Box 2021, Roanoke, Virginia 24022-2121,
(540)985-2441. i. *FERC Contact:* Any questions on this notice should be addressed to Jean Potvin at
(202)502-8928, or by e-mail: *jean.potvin@ferc.gov.* j. *Deadline for Filing Comments and/or Motions:* February 22, 2005. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, DHAC, PJ-12.1, 888 First Street, NE., Washington DC 20426. Please include the project number (739-017) on any comments or motions filed. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. k. *Description of Proposal:* Appalachian Power Company, licensee for the Claytor Project, proposes to grant permission to Conrad Brothers Marina to modify and expand its marina facilities to include:
(1)The removal of 18 enclosed boathouses;
(2)the installation of 2 stationary, covered boat docks with 15 slips each; and
(3)the installation of 6 floating docks slips with 6 slips each for a total addition of 30 covered, stationary boat slips and 36 floating slips at the marina. Existing facilities include a boat ramp, gasoline dispensing facility, one stationary dock with 11 covered slips and 5 existing floating docks with a total of 66 floating slips. l. 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 “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 call toll-free 1-866-208-3676, or for TTY, call
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, 385.214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E5-347 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR00-9-004] Gulfterra Texas Pipeline, LP; Notice of Technical Conference January 21, 2005. Take notice that a technical conference will be held on Thursday, January 27, 2005, at 10 a.m. (EST), in a room to be designated at the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The conference will address questions related to the July 12, 2004, filing by Gulfterra Texas Pipeline, LP, to comply with the June 11, 2002, Order on Staff Panel and the February 25, 2004, Order on Rehearing and Denying Late Intervention. 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 parties and staff are permitted to attend. Magalie R. Salas, Secretary. [FR Doc. E5-330 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-13-000] Ingleside Energy Center LNG Project; Notice of Technical Conference January 21, 2005. On Tuesday, February 8, 2005, at 8:30 a.m. (CST), staff of the Office of Energy Projects will convene a cryogenic design and technical conference regarding the proposed Ingleside Energy Center LNG import terminal. The cryogenic conference will be held in the Sheraton North Houston at George Bush Intercontinental Airport. The hotel is located at 15700 John F. Kennedy Boulevard, Houston, Texas 77032. For hotel details call 281-442-5100. In view of the nature of the critical energy infrastructure information and security issues to be explored, the cryogenic conference will not be open to the public. Attendance at this conference will be limited to existing parties to the proceeding (anyone who has specifically requested to intervene as a party) and to representatives of interested federal, state, and local agencies. Any person planning to attend the February 8th cryogenic conference *must register* by close of business on Friday, February 4th , 2005. Registrations may be submitted either online at *http://www.ferc.gov/whats-new/registration/cryo-conf-form.asp* or by faxing a copy of the form (found at the referenced online link) to 202-208-0353. All attendees must sign a non-disclosure statement prior to entering the conference. Upon arrival at the hotel, check the reader board in the hotel lobby for venue. For additional information regarding the cryogenic conference, please contact Thach Nguyen at 202-502-6364. Magalie R. Salas, Secretary. [FR Doc. E5-340 Filed 1-28-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL -7865-4] Science Advisory Board Staff Office; EPI Suite Review Panel of the Science Advisory Board; Request for Nominations AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board
(SAB)Staff Office (hereinafter, the “Staff Office”) is announcing the formation of a new SAB review panel known as the EPI Suite Review Panel of the Science Advisory Board (hereinafter, the “Panel”) and is hereby soliciting nominations for this Panel. DATES: Nominations should be submitted by February 22, 2005, per the instructions below. FOR FURTHER INFORMATION CONTACT: Any member of the public wishing further information regarding this Request for Nominations may contact Ms. Kathleen White, Designated Federal Officer (DFO), EPA Science Advisory Board Staff, at telephone/voice mail:
(202)343-9878; or via e-mail at: *white.kathleen@epa.gov.* General information concerning the SAB can be found on the EPA Web site at: *http://www.epa.gov/sab.* SUPPLEMENTARY INFORMATION: *Background:* A mission of the U.S. EPA's Office of Pollution Prevention and Toxics
(OPPT)is to evaluate potential risks of commercial chemical substances that are or will be released to the environment. OPPT also has the primary responsibility for implementing Agency policy on pollution prevention (P2), and in this role is a critical provider of information and guidance to risk assessors and risk managers. The understanding of and ability to predict the behavior of a chemical substance in a biological or environmental system depends upon knowledge of the physical, chemical and environmental properties of that substance. Accordingly, OPPT has supported the development of software for estimating these properties from chemical structure known as the Estimation Programs Interface
(EPI)suite. EPI Suite is routinely used in evaluating new chemicals under EPA's Premanufacture Notices
(PMNs)for new chemicals under section 5 of the Toxic Substances Control Act, and is widely used for predicting physical/chemical properties and environmental fate and transport properties for chemicals already in commerce. Further information about EPI Suite and its applications can be found at: *http://www.epa.gov/opptintr/exposure/docs/episuite.htm.* OPPT has requested that the EPA Science Advisory Board
(SAB)review the supporting science, functionality, and appropriate use of EPI Suite. The SAB's mission, as established by 42 U.S.C. 4365, is to provide independent scientific and technical advice, consultation, and recommendations to the EPA Administrator on the technical bases for EPA policies and regulations. In response to OPPT's request, the SAB will form a review panel to conduct a review of the EPI Suite. The EPI Suite Review Panel will provide advice through the chartered SAB. The Panel will provide advice regarding the comprehensiveness and soundness of the science supporting EPI Suite including method validation, alternative estimation methods, completeness of the software, documentation, and appropriateness of its current applications. The Panel will consider both appropriate use in the PMN program and other uses in screening level assessments. The work of this panel is expected to continue until the review is complete. The EPI Suite Review Panel will comply with the openness provisions of the Federal Advisory Committee Act
(FACA)and all appropriate SAB procedural policies, including the SAB process for panel formation described in the *Overview of the Panel Formation Process at the Environmental Protection Agency Science Advisory Board,* which can be found on the SAB's Web site at: *http://www.epa.gov/sab/pdf/ec0210.pdf.* *Request for Nominations:* The SAB Staff Office is requesting nominations of recognized scientists and engineers with expertise in one or more of the following areas:
(1)Environmental chemistry and engineering;
(2)Pollution prevention, especially experience deciding whether or not to go into production with a chemical;
(3)Development of estimation models, such as QSARs that predict properties, effects and fate of chemicals from structure; and
(4)Application of EPI Suite or similar tools. *Process and Deadline for Submitting Nominations:* Any interested person or organization may nominate individuals qualified in any of the areas of expertise described above to serve on the Panel. Nominations should be submitted in electronic format through the *Form for Nominating Individuals to Panels of the EPA Science Advisory Board* provided on the SAB Web site. The form can be accessed through a link on the blue navigational bar on the SAB Web site, *http://www.epa.gov/sab.* To be considered, all nominations must include the information required on that form. Anyone who is unable to submit nominations electronically using this form, or who has questions concerning the nomination process may contact Ms. Kathleen White, DFO, as indicated above in this notice. Nominations should be submitted in time to arrive no later than February 22, 2005. Any questions concerning either this process or any other aspects of this notice should be directed to the DFO. To be considered, all nominations must include:
(a)A current biography, *curriculum vitae* (C.V.) or resume, which provides the nominee's background, experience and qualifications for the Committee; and
(b)a brief biographical sketch (“biosketch”). The biosketch should be no longer than one page and must contain the following information for the nominee:
(i)Current professional affiliations and positions held;
(ii)Area(s) of expertise, and research activities and interests;
(iii)Leadership positions in national associations or professional publications or other significant distinctions;
(iv)Educational background, especially advanced degrees, including when and from which institutions these were granted;
(v)Service on other advisory committees, professional societies, especially those associated with issues under discussion in this review; and
(vi)Sources of recent ( *i.e.* , within the preceding two years) grant and/or other contract support, from government, industry, academia, etc., including the topic area of the funded activity. Please note that even if there is no responsive information ( *e.g.* , no recent grant or contract funding), this must be indicated on the biosketch (by “N/A” or “None”). Incomplete biosketches will result in nomination packages not being accepted. The EPA SAB Staff Office will acknowledge receipt of the nomination. After considering the nominees (termed the “Widecast”), the SAB Staff Office will identify a subset (known as the “Short List”) for more detailed consideration. Criteria used by the Staff Office in developing this Short List are given at the end of the following paragraph. The Short List will be posted on the SAB Web site at: *http://www.epa.gov/sab* , and will include the nominees' names and their biosketches. Public comments will be accepted for 21 calendar days on the Short List. During this comment period, the public may provide information, analysis or other documentation on nominees that the Staff Office should consider in evaluating candidates for the Panel. For the EPA SAB Staff Office, a balanced Panel is characterized by inclusion of candidates who possess the necessary domains of knowledge, the relevant scientific perspectives (which, among other factors, can be influenced by work history and affiliation), and the collective breadth of experience to adequately address the charge. Public responses to the Short List candidates will be considered in the selection of the Panel, along with information provided by candidates and information independently-gathered by the SAB Staff Office on the background of each candidate ( *e.g.* , financial disclosure information and computer searches to evaluate a nominee's prior involvement with the topic under review). Specific criteria to be used in evaluating an individual Panel member include:
(a)Scientific and/or technical expertise, knowledge, and experience (primary factors);
(b)availability and willingness to serve;
(c)absence of financial conflicts of interest;
(d)scientific credibility and impartiality; and
(e)skills working in advisory committees, subcommittees and review panels. Short List candidates must submit the “Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency” (EPA Form 3110-48). This confidential form allows Government officials to determine whether there is a statutory conflict between that person's public responsibilities (which includes membership on an EPA Federal advisory committee) and private interests and activities, or the appearance of a lack of impartiality, as defined by Federal regulation. The form may be viewed and downloaded from the following URL address: *http://www.epa.gov/sab/pdf/epaform3110-48.pdf.* In addition to reviewing background material, Panel members will be asked to attend one public face-to-face meeting over the anticipated course of the advisory activity. Dated: January 21, 2005. Vanessa T. Vu, Director, EPA Science Advisory Board Staff Office. [FR Doc. 05-1716 Filed 1-28-05; 8:45 am]
Connectionstraces to 23
Traces to 23 documents
7 references not yet in our index
  • 34 CFR 263
  • 34 CFR 79
  • 34 CFR 86
  • Pub. L. 108-446
  • Pub. L. 104-13
  • 18 CFR 34
  • 18 CFR 380
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cites case law
Notices
Notice of Public Meeting to seek comments and suggestions on regulatory issues under the Individuals with Disabilities Education Act (IDEA), as amended by the Individuals with Disabilities Education Improvement Act of 2004
C.F.R.§ 75.127
C.F.R.§ 263.3
U.S.C.§ 301
U.S.C.§ 1801
U.S.C.§ 640a
C.F.R.§ 75.105
C.F.R.§ 263.5
U.S.C.§ 7442
Fed. Reg.Notices
Cite34 CFR 263
Cite34 CFR 79
Cite34 CFR 86
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