Notices. Notice of final order on petition to object to State operating permits
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/register/2005/02/04/05-2181A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-159-000] Cheyenne Plains Gas Pipeline Company, LLC; Notice of Proposed Changes in FERC Gas Tariff January 27, 2005. Take notice that on January 24, 2005, Cheyenne Plains Gas Pipeline Company, LLC (Cheyenne Plains) tendered for filing a revised firm Transportation Service Agreement with Oneok Energy Services Company, L.P. to become effective January 24, 2005. Cheyenne Plains states that the revised FTSA updates a previously approved negotiated rate agreement that applies to service on its pipeline system.
Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-427 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER05-325-000] Credit Suisse First Boston Energy, LLC; Notice of Issuance of Order January 27, 2005. Credit Suisse First Boston Energy, LLC (CSFBE) 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. CSFBE also requested waiver of various Commission regulations. In particular, CSFBE requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by CSFBE. On January 25, 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 CSFBE 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 24, 2005. Absent a request to be heard in opposition by the deadline above, CSFBE 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 CSFBE, 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 CSFBE'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. E5-421 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER05-222-000] Diablo Winds, LLC; Notice of Issuance of Order January 27, 2005. Diablo Winds, LLC (Diablo) 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. Diablo also requested waiver of various Commission regulations. In particular, Diablo requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Diablo. On January 21, 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 Diablo 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 22, 2005. Absent a request to be heard in opposition by the deadline above, Diablo 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 Diablo, 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 Diablo'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. E5-420 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-110-004] El Paso Natural Gas Company; Notice of Compliance Filing January 27, 2005. Take notice that on January 21, 2005, El Paso tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1A, the following tariff sheets to become effective March 1 2005: Third Revised Sheet No. 287A, Third Revised Sheet No. 354. El Paso states that the tariff sheets comply with the Commission's December 22 Order addressing El Paso's proposed procedures for re-designating primary point rights. El Paso states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-424 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-160-000] El Paso Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff January 28, 2005. Take notice that on January 25, 2005, El Paso Natural Gas Company (El Paso) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1A, Original Sheet No. 290B, to become effective February 24, 2005. El Paso states that the tariff sheet specifies a timeline for the sale of available firm capacity. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-447 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-340-011] Gulf South Pipeline Company, LP; Notice of Compliance Filing January 28, 2005. Take notice that on December 6, 2004, Gulf South Pipeline Company, LP (Gulf South) submitted its one-year report of segmentation activity in accordance with the Commission's Orders approving Gulf South's capacity segmentation issued in this proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed on or before the date as indicated below. Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. eastern time on February 4, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-446 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR05-9-000] Jefferson Island Storage & Hub L.L.C.; Notice of Petition for Rate Approval January 28, 2005. Take notice that on January 21, 2005, Jefferson Island Storage & Hub L.L.C. (Jefferson Island) filed a petition for rate approval pursuant to § 284.123(b)(2) of the Commission's Regulations. Jefferson Island requests the Commission to approve a maximum rate of $0.0773 per MMBtu for interruptible transportation service under section 311 of the Natural Gas Policy Act. Any person desiring to participate in this rate 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, on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. eastern time on February 18, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-444 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR05-8-000] Northwest Natural Gas Company; Notice of Petition for Rate Approval January 28, 2005. Take notice that on January 18, 2005, Northwest Natural Gas Company (NW Natural) filed pursuant to sections 284.224 and 284.123(b)(2) of the Commission's regulations, a petition for rate approval requesting that the Commission approve the proposed rates as fair and equitable for firm and interruptible storage and related transportation services performed under section 311 of the Natural Gas Policy Act of 1978 (NGPA). NW Natural proposes an effective date of July 1, 2005. NW Natural states that it is an Oregon corporation serving retail customers via separate facilities located in the States of Oregon and Washington, and that it is a public utility in Oregon and Washington, subject to the jurisdiction of the Public Utility Commission of Oregon and the Washington Utilities and Transportation Commission. NW Natural further states that it holds a limited jurisdiction blanket certificate under section 284.224 of the Commission's regulations under which it provides firm and interruptible storage and related transportation services. Any person desiring to participate in this rate 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, on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible 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. *Comment Date:* 5 p.m. eastern time on February 18, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-443 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR05-7-000] ONEOK WesTex Transmission, L.P.; Notice of Petition for Rate Approval January 28, 2005. Take notice that on January 3, 2005, ONEOK WesTex Transmission, L.P. (WesTex) tendered for filing a rate petition seeking to revise rates for interruptible transportation service to be performed on the intrastate transmission facilities of the WesTex System under the blanket certificate issued to WesTex. WesTex's further states that the filing contains a revised Statement of Operating Conditions for the non-rate aspects of transportation on the WesTex System. Any person desiring to participate in this rate 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, on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive 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. *Comment Date:* 5 p.m. Eastern Time on February 18, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-442 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-51-000] Ozark Gas Transmission, L.L.C.; Notice of Application January 28, 2005. Take notice that on January 19, 2005, Ozark Gas Transmission, L.L.C. (Ozark), 515 Central Park Drive, Oklahoma City, Oklahoma 73105 filed an application in Docket No. CP05-51-000 pursuant to section 7(b) of the Natural Gas Act (NGA), requesting that the Commission issue an Order authorizing Ozark to abandon certain of its certificated facilities located in Haskell, Muskogee and LeFlore Counties in the state of Oklahoma and in Cleburne, Faulkner, Franklin, Logan, Johnson, Sebastian and Pope Counties in the state of Arkansas (the Facilities) by transfer to Ozark Arkansas Gas Gathering, L.L.C. (OAGG). Ozark states that the Facilities consist of approximately 137 miles of 3-inch to 12-inch diameter lateral gathering lines, 12 compressor stations, and 134 well connects. Ozark further requests a Commission determination that the Facilities to be abandoned will be gathering facilities exempt from NGA jurisdiction upon their abandonment by transfer to OAGG, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The 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, call
(202)502-3676, or TTY,
(202)502-8659. Any questions concerning this application should be directed to counsel for Ozark, James F. Bowe, Jr., Dewey Ballantine LLP, at
(202)429-1444 (phone),
(202)429-1579 (fax), or *jbowe@deweyballantine.com.* 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 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. Unless filing electronically, 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. Persons who wish to comment only on the environmental review of this project, or in support of or in opposition to 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. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the applicant. 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 may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project. This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible. 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 18, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-448 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-157-000] Saltville Gas Storage Company L.L.C.; Notice of Negotiated Rate Filing January 27, 2005. Take notice that on January 21, 2005, Saltville Gas Storage Company L.L.C. (Saltville) tendered for filing negotiated rate transactions with Virginia Gas Distribution Company, Sequent Energy Management, L.P., the Oak Ridge Utility District, NJR Energy Resources, and Public Service Company of North Carolina, Inc. Saltville states that the purpose of this filing is to implement negotiated rate agreements for services rendered by its Saltville, Virginia gas storage facility. Saltville requests an effective date of January 1, 2005 for the Service Agreements. In addition, Saltville requests that the Commission grant any authorizations and waivers of the Commission's regulations to the extent necessary to permit the service agreements to be made effective as proposed. Saltville requests an additional period of 30 days in which to complete discussions with its customers and to file its remaining negotiated rate agreements. Saltville states that copies of the filing were mailed to all affected customers of Saltville and interested State commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-425 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-480-015] Texas Eastern Transmission, LP; Notice of Negotiated Rate January 27, 2005. Take notice that on January 21, 2005, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing as a part of its FERC Gas Tariff, Seventh Revised Volume No. 1, the following tariff sheets reflecting the negotiated rate for interruptible backhaul transportation service to be rendered to the City of Hamilton, Ohio (Hamilton), effective as set forth in the negotiated rate tariff sheets: Original Sheet No. 112 Original Sheet No. 113 Sheet Nos. 114-125 Texas Eastern states that the purpose of this filing is to implement the negotiated rate agreement for interruptible backhaul transportation service to be rendered to Hamilton. In addition, Hamilton further states that it has agreed to withdraw its pending complaint in Docket No. RP04-254 effective upon Commission approval of the negotiated rate. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-419 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-161-000] Texas Gas Transmission, LLC; Notice of Annual Cash-Out Report January 28, 2005. Take notice that on January 26, 2005, Texas Gas Transmission, LLC (Texas Gas) tendered for filing a report, which compares its cash-out revenues with its cash-out costs incurred for the annual billing period November 1, 2003, through October 31, 2004, in accordance with its tariff. Texas Gas states that there is no rate impact to customers as a result of the filing. Texas Gas states that copies of the filing have been served upon jurisdictional customers and interested state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* February 4, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-439 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-53-000] Texas Gas Transmission, LLC; Notice of Application January 28, 2005. Take notice that on January 19, 2005, Texas Gas Transmission, LLC (Texas Gas), 3800 Frederica Street, Owensboro, Kentucky 42301, filed an application pursuant to section 7(b) of the Natural Gas Act
(NGA)for permission and approval to plug and abandon Well 17041 at its Graham Lake Storage Field in Muhlenburg County, Kentucky. 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. Any questions concerning this request may be directed to Kathy D. Fort, Manager of Certificates and Tariffs, Texas Gas Transmission, LLC, P.O. Box 20008, Owensboro, Kentucky 42304, or call
(270)688-6825. Texas Gas states that Well 17401 has been operational as a storage well since May 1, 1980, drilled through an underground coal mine. On this basis, Texas Gas has determined that the risks associated with the continued operation of Well 17041 are too great. Texas gas proposes to plug and abandon Well 17401 to address the inherent safety concerns. Texas Gas points out that lateral lines associated with Well 17041 would be abandoned pursuant to Texas Gas's Blanket certificate. Texas Gas asserts that the operational capabilities of the Graham Lake Storage field would not be affected by the abandonment. 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. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-filing” link. The Commission strongly encourages electronic filings. If the Commission decides to set the application for a formal hearing before an Administrative Law Judge, the Commission will issue another notice describing that process. At the end of the Commission's review process, a final Commission order approving or denying a certificate will be issued. *Comment Date:* February 18, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-440 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-158-000] Viking Gas Transmission Company; Tariff Filing and Request for Waiver January 27, 2005. Take notice that on January 21, 2005, Viking Gas Transmission Company (Viking) tendered for filing to become part of Viking's FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets to become effective February 20, 2005: Eighth Revised Sheet No. 12 Third Revised Sheet No. 41B Fourth Revised Sheet No. 13 Third Revised Sheet No. 15L Eleventh Revised Sheet No. 48 Second Revised Sheet No. 15M.01 Twelfth Revised Sheet No. 49 Second Revised Sheet No. 15N Sixth Revised Sheet No. 21 Tenth Revised Sheet No. 77 Sixth Revised Sheet No. 23 Second Revised Sheet No. 87E First Revised Sheet No. 87H.01 Viking states that this filing is being made to clarify the impact and billing for zero mile transportation transactions in Viking's Tariff and to make certain housekeeping changes. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-426 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-112-000, et al.] The Governors, et al.; Electric Rate and Corporate Filings January 28, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. The Governors of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont [Docket No. EL04-112-000] On January 11, 2005, the Governors of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont (New England Governors) filed a motion to lodge amendments to the Joint Petition for Declaratory Order to Form a New England Regional State Committee, filed on June 25, 2004 in the above-docketed proceeding. *Comment Date:* 5 p.m. eastern time on February 7, 2005. 2. Wisconsin Public Service Corporation, WPS Power Development, Inc., WPS Energy Services, Inc. [Docket Nos. ER95-1528-010 and ER96-1088-035] Take notice that WPS Resources Corporation (WPSR), on January 24, 2005, tendered for filing its response to the Commission's January 3, 2005 deficiency letter issued in Docket Nos. ER95-1528-008 and ER96-1088-033 regarding a renewal of the market-based rate authority of WPSR's subsidiaries. WPSR states that part of this information was submitted on a confidential basis. In addition, WPSR states that it is submitting a market power analyses using the footprint of the Midwest System Independent Transmission System, Inc. as a whole. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 3. Merrill Lynch Capital Services, Inc. [Docket No. ER99-830-009] Take notice that on January 21, 2005, Merrill Lynch Capital Services, Inc.
(MLCS)filed a triennial updated market analysis. MLCS states that copies of the filing were served on the parties listed on the official service list in this proceeding. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 4. Entergy Services, Inc. [Docket No. ER01-2214-005] Take notice that on January 24, 2005, Entergy Services, Inc., (Entergy) filed a refund report in the above captioned docket relating to Entergy's ancillary services schedules 3-6. Entergy states that a copy of the refund report has been served on all parties to the service lists in the above-referenced proceedings and State commissions in the Entergy region. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 5. Commonwealth Edison Company and Commonwealth Edison Company of Indiana, Inc.; PJM Interconnection, LLC and Commonwealth Edison Company and Commonwealth Edison Company of Indiana, Inc. [Docket Nos. ER03-1335-003, ER04-367-005] Take notice that on January 21, 2005, Commonwealth Edison Company and PJM Interconnection, L.L.C. filed a compliance filing pursuant to the Commission's Order issued December 22, 2004 in Docket No. ER03-1335-000, *et al.,* 109 FERC ¶ 61,228. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 6. Pacific Gas and Electric Company [Docket No. ER04-443-005] Take notice that on January 21, 2005, Pacific Gas and Electric Company (PG&E) tendered for filing revisions to its Transmission Owner Tariff, FERC Electric Tariff, Sixth Revisied Volume No. 5. PG&E states that the revisions are intended to comply with Commission Order Nos. 2003 and 2003-A. PG&E requests that the revisions become effective on the same date as companion filings made by the California Independent System Operator Corporation on January 5, 2005, in compliance with Order No. 2003. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 7. Mystic I, LLC; Mystic Development, LLC; Fore River Development, LLC [Docket Nos. ER04-657-004, ER04-660-004, ER04-659-004] Take notice that on January 21, 2005, Mystic I, LLC, Mystic Development, LLC and Fore River Development, LLC submitted an amendment to their September 24, 2004 filing, as supplemented on October 1, 2004, of a joint triennial updated market analysis. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 8. Midwest Independent Transmission System Operator, Inc.; Public Utilities with Grandfathered Agreements in the Midwest ISO Region [Docket Nos. ER04-691-019, EL04-104-018] Take notice that on January 21, 2005, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted a compliance filing pursuant to the Commission's August 6, 2004 order, *Midwest Independent Transmission System Operator, Inc., et al.,* 108 FERC ¶ 61,163
(2004)and its December 20, 2004 order, *Midwest Independent Transmission System Operator, Inc., et al.,* 109 FERC ¶ 61,285 (2004). The Midwest ISO states that it has electronically served a copy of this filing, with attachments, upon all Midwest ISO members, member representatives of transmission owners and non-transmission owners, the Midwest ISO advisory committee participants, policy subcommittee participants, as well as all State commissions within the region. In addition, the Midwest ISO states that the filing has been electronically posted on the Midwest ISO's Web site at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. The Midwest ISO indicates that it will provide hard copies to any interested party upon request. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 9. Milford Power Company, LLC [Docket No. ER05-163-001] Take notice that on January 21, 2005, Milford Power Company, LLC (Milford) tendered for filing its responses to the Commission's deficiency letter issued December 22, 2004 regarding Milford's November 1, 2004 filing in Docket No. ER05-163-000. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 10. Kansas City Power & Light Company [Docket No. ER05-177-006] Take notice that on January 21, 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 Marshall, Missouri. KCPL states that copies of the filing were served upon the City of Marshall, Missouri as well as the Missouri Public Service Commission and the Kansas State Corporation Commission. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 11. Entergy Louisiana, Inc.; Entergy Services, Inc.; Perryville Energy Partners, LLC. [Docket Nos. ER05-188-001, ER05-189-001, ER05-191-001] Take notice that on January 21, 2005, Perryville Energy Partners, LLC (PEP), Entergy Services, Inc.
(ESI)and Entergy Louisiana, Inc.
(ELI)submitted additional information amending the November 5, 2004 filings of PEP in Docket No. ER05-191-000, ESI in Docket No. ER05-189-000 and ELI in Docket No. ER05-188-000 in response to the Commission's deficiency letter issued December 29, 2004 in the above-referenced proceedings. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 12. El Paso Electric Company [Docket No. ER05-201-001] Take notice that on January 21, 2005, El Paso Electric Company
(EPE)submitted a compliance filing pursuant to the Commission's Letter Order issued January 6, 2005 in Docket No. ER05-201-000. EPE states that a copy of the filing was served on the parties on the official service list for this proceeding, the Public Utility Commission of Texas, the New Mexico Regulatory Commission and the Public Service Company of New Mexico. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 13. PacifiCorp [Docket No. ER05-278-001] Take notice that on January 24, 2005, PacifiCorp tendered for filing in accordance with 18 CFR 35 of the Commission's rules and regulations an amendment to its filing dated November 29, 2004 under FERC Docket No. ER05-278-000. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, and NorthWestern Energy. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 14. Duke Energy Corporation [Docket No. ER05-281-001] Take notice that on January 21, 2005, Duke Energy Corporation, on behalf of Duke Electric Transmission (collectively Duke) filed an amendment of its December 1, 2004 filing of an executed revised Network Integration Service Agreement with North Carolina Electric Membership Corporation (NCEMC) which is designated as Fourth Revised Service Agreement No. 208 under Duke Electric Transmission FERC Electric Tariff Third Revised Volume No. 4. Duke states that copies of the filing were served on NCEMC and the South Carolina and North Carolina State public service commissions. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 15. JPMorgan Chase Bank, N.A. [Docket No. ER05-283-002] Take notice that on January 24, 2005, JPMorgan Chase Bank, N.A. (JPMCB) submitted an amendment to its filing dated January 13, 2005 on market power analysis to reflect recent changes in generation ownership in Docket No. ER05-283-002. JPMCB states that this filing replaces the market power analysis filed on January 13, 2005, in support of: JPMCB's December 2, 2004 request for acceptance of JPMCB 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. JPMCB also states that it intends to engage in wholesale electric energy and capacity transactions as a marketer and a broker. JPMCB indicates that it is not in the business of generating or transmitting electric power. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 16. PacifiCorp [Docket No. ER05-296-001] Take notice that on January 24, 2005, PacifiCorp tendered for filing in accordance with 18 CFR 35 of the Commission's rules and regulations an amendment to its filing dated December 3, 2004 under FERC Docket No. ER05-296-000. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, and the Milton-Freewater Electric Department. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 17. PacifiCorp [Docket No. ER05-299-001] Take notice that on January 24, 2005 PacifiCorp tendered for filing in accordance with 18 CFR 35 of the Commission's rules and regulations an amendment to its filing dated December 3, 2004 under FERC Docket No. ER05-299-000. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, and the Central Lincoln People's Utility District. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 18. PacifiCorp [Docket No. ER05-301-001] Take notice that on January 24, 2005, PacifiCorp tendered for filing in accordance with 18 CFR 35 of the Commission's rules and regulations an amendment to its filing dated December 3, 2004 under FERC Docket No. ER05-301-000. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, and the Utah Associated Municipal Power Systems. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 19. Telemagine, Inc. [Docket Nos. ER05-419-001, ER05-419-002] Take notice that on January 21, 2005 and January 27, 2005, Telemagine, Inc. (Telemagine) filed amendments to its January 4, 2005 petition for acceptance of initial rate schedule, waivers and blanket authority. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 20. Transmission Owners of the Midwest Independent, Transmission System Operator Inc. [Docket No. ER05-447-001] Take notice that on January 26, 2005, the Transmission Owners of the Midwest Independent Transmission System Operator (Midwest ISO Transmission Owners) submitted an amendment to the proposed Schedule 23 to the Midwest Independent Transmission System Operator, Inc.'s tariff, that was filed January 13, 2005 in Docket No. ER05-447-000. The Midwest ISO Transmission Owners state that they are serving this filing on all Midwest ISO's affected customers as well as on all applicable State commissions. The Midwest ISO also states that it will post a copy on its home page. *Comment Date:* 5 p.m. eastern time on February 4, 2005. 21. Public Service Company of New Mexico [Docket No. ER05-471-000] Take notice that on January 21, 2005, Public Service Company of New Mexico
(PNM)submitted for filing two executed service agreements with Texas-New Mexico Power Company
(TNMP)for firm point-to-point transmission service. PNM requests a January 1, 2005 effective date for each agreement. PNM states that copies of the filing have been sent to TNMP, the New Mexico Public Regulation Commission and the New Mexico Attorney General. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 22. California Independent System Operator Corporation [Docket No. ER05-479-000] Take notice that on January 21, 2005, the California Independent System Operator Corporation
(ISO)submitted an informational filing in accordance with Article IX, section B of the Stipulation and Agreement approved by the Commission on May 28, 1999, California Independent System Operator Corp., 87 FERC ¶ 61,250
(1999)(Stipulation and Agreement). ISO states that this provision requires the ISO to provide on a confidential basis to the Commission:
(1)Information regarding any notice from an RMR Unit requesting a change of Condition;
(2)the date the chosen Condition will begin; and
(3)if the change is from Condition 2, the applicable level of Fixed Option Payment. ISO further states as required by the provision, it has provided notice of the changes of condition described in the informational filing (subject to the applicable Non-Disclosure and Confidentiality Agreement in the RMR Contract) to the designated RMR contact persons at the California Public Utilities Commission, the California Electricity Oversight Board, the applicable Responsible Utilities, and the relevant RMR Owners. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 23. Pacific Gas and Electric Company [Docket No. ER05-480-000] Take notice that on January 21, 2005, Pacific Gas and Electric Company (PG&E), submitted proposed amendments to the Scheduling Coordinator Services Tariff, FERC Electric Tariff First Revised Volume No. 9 to recover the cost PG&E incurs from the California Independent System Operator Corporation as Scheduling Coordinator for certain existing transmission service customers. PG&E states that copies of this filing have been served upon the California Public Utilities Commission and all parties designated on the official service lists in Docket Nos. ER00-565-000 and ER04-1233-000. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 24. Trimont Wind I LLC [Docket No. ER05-481-000] Take notice that on January 21, 2005, Trimont Wind I LLC (Trimont) submitted an application for authorization to sell energy, capacity and ancillary services at market-based rates. Trimont also requests that the Commission grant waivers and blanket approvals provided to applicants that receive authority for market-based rates. *Comment Date:* 5 p.m. eastern time on February 11, 2005. 25. Cottonwood Energy Company LP [Docket No. ER05-483-000] Take notice that on January 24, 2005, Cottonwood Energy Company LP, (Cottonwood) submitted for filing, pursuant to section 205 of the Federal Power Act (16 U.S.C. 824d), and part 35 of the Commission's regulations (18 CFR part 35), a rate schedule for reactive power to be provided under the amended and restated interconnection agreement between Cottonwood Energy Company LP and Entergy Gulf States, Inc. Cottonwood requests an effective date of February 1, 2005. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 26. Puget Sound Energy, Inc. [Docket No. ER05-484-000] Take notice that on January 24, 2005, Puget Sound Energy, Inc. (Puget Sound Energy) filed with the Commission an agreement for a temporary puget sound area and Northern Intertie Redispatch Pilot Program, which establishes a temporary, voluntary redispatch program on the Federal Columbia River Transmission System, which is owned and operated by the Bonneville Power Administration. Puget Sound Energy requests an effective date of December 8, 2004. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 27. West Texas Wind Energy Partners, L.P. [Docket No. ER05-486-000] Take notice that on January 24, 2005, West Texas Wind Energy Partners, L.P. (West Texas Wind) tendered for filing a notice of cancellation pursuant to 18 CFR 35.15 to reflect the cancellation of its market-based rate tariff, designated as FERC Electric Tariff, Original Volume No. 1, that was originally accepted for filing in Docket No. ER98-1965-000. West Texas Wind states that copies of the filing were served upon the Florida Public Service Commission. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 28. FPL Energy Cowboy Wind, LLC [Docket No. ER05-487-000] Take notice that on January 24, 2005, FPL Energy Cowboy Wind, LLC (FPLE Cowboy Wind) submitted an application for market-based rate authority. FPLE Cowboy Wind states that copies of the filing were served upon the Florida Public Service Commission. *Comment Date:* 5 p.m. eastern time on February 14, 2005. 29. Deseret Generation & Transmission Co-operative, Inc. [Docket No. ER05-491-000] Take notice that on January 24, 2004, Deseret Generation & Transmission Co-operative, Inc. (Deseret) submitted a filing detailing a wholesale power cost rebate for 2004 to each of its six member cooperatives under Service Agreement Nos. 1 through 6 of FERC Electric Tariff, Original Volume No. 1. Deseret requests an effective date of January 24, 2005. Deseret states that a copy of this filing has been provided to each of Deseret's members. *Comment Date:* 5 p.m. eastern time on February 14, 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. E5-418 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-366-000] Gulf South Pipeline Company, LP; Notice of Availability of the Environmental Assessment for the Proposed Jackson Gas Storage Expansion Project January 31, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment
(EA)on the natural gas pipeline facilities proposed by Gulf South Pipeline Company, LP (Gulf South) in the above-referenced docket number. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major Federal action significantly affecting the quality of the human environment. The EA assesses the potential environmental effects of the construction and operation of the proposed Jackson Gas Storage Expansion Project. Gulf South wants to expand the capacity of its facilities in Rankin County, Mississippi. In Docket No. CP04-366-000, Gulf South proposes to construct, operate, and maintain the following facilities at the existing Jackson Gas Storage Facility. • Up to three
(3)storage injection/withdrawal wells, 8-inch well head lines, well head measurement, one
(1)pig launcher, and other appurtenant auxiliary facilities on a proposed well pad site that is owned by Gulf South. • Approximately 2.37 miles of 16-inch storage pipeline to facilitate injection and withdrawal to and from the new wells. The new 16-inch pipeline will connect with the 8-inch well head lines and will tie in to Gulf South's existing 16-inch storage pipeline. • One
(1)pig receiver and other appurtenant auxiliary facilities at the interconnect site for the proposed and existing 16-inch storage pipelines. In connection with the drilling of the new storage wells, the total overall storage capacity of the Jackson Storage Field would be increased by approximately 2.4 billion cubic feet (Bcf). The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,
(202)502-8371. Copies of the EA have been mailed to Federal, state and local agencies, public interest groups, interested individuals, newspapers, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of the Gas Branch 2, PJ11.2. • Reference Docket No. CP04-366-000; and • Mail your comments so that they will be received in Washington, DC on or before March 2, 2005. Please note that we are continuing to experience delays in mail deliveries from the U.S. Postal Service. As a result, we will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. However, the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created by clicking on “Sign-up.” Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to seek rehearing of the Commission's decision. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Magalie R. Salas, Secretary. [FR Doc. E5-451 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF05-3-000] Jewell Ridge Pipeline Company LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed Jewell Ridge Pipeline Project and Request for Comments on Environmental Issues January 31, 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 the Jewell Ridge Pipeline Project involving construction and operation of facilities by the Jewell Ridge Pipeline Company, LLC
(JRP)in (Tazwell, Smyth, and Russell counties, VA). 1 These facilities would consist of approximately 30 miles of 20 inch diameter pipeline and modification to the existing compressor station facility. This EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity. 1 JRP is beginning NEPA pre-filing of an application with the Commission under section 7 of the Natural Gas Act and Part 157 of the Commission's regulations. If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with state law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” was attached to the project notice JRP provided to landowners. 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. It is available for viewing on the FERC Internet Web site (http://www.ferc.gov). Summary of the Proposed Project JRP wants to expand the capacity of its facilities in Virginia to transport an additional 100,000 dekatherms per day of natural gas to the existing East Tennessee Gas Pipeline System. JRP seeks authority to construct and operate: Facilities (2005/2006) • Approximately 30 miles of 20-inch-diameter pipeline and associated facilities; and to • Modify the existing Jewell Ridge Compressor Station in Tazewell County, Virginia; The general location of the project facilities and alternative routes under consideration are shown in Appendix 1. 2 2 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices, other than Appendix 1 (maps), are available on the Commission's Web site at the “eLibrary” link, and all appendices, including Appendix 1are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Land Requirements for Construction Construction of the proposed facilities would require about 363 acres of land. Following construction, about 120 acres would be maintained as permanent Right-Of-Way. The remaining 243 acres of land would be restored and allowed to revert to its former use. The EA Process The National Environmental Policy Act
(NEPA)requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us to discover and address concerns the public may have about proposals. This process is referred to as “scoping”. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission staff requests public comments on the scope of the issues to address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern. In the EA we 3 will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: 3 ”We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP). • Geology and soils. • Land use. • Water resources, fisheries, and wetlands. • Cultural resources. • Vegetation and wildlife. • Air quality and noise. • Endangered and threatened species. • Public safety. We will also evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas. Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. To ensure your comments are considered, please carefully follow the instructions in the public participation section beginning on page 4. Currently Identified Environmental Issues We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by JRP. This preliminary list of issues may be changed based on your comments and our analysis. • Several federally/State listed endangered or threatened species may occur in the project area. • An un-quantified amount of prime farmland soils would be impacted during construction activity. • Three alternative routes are under consideration, although JRP has identified Alternative Route 3 as the likely preferred alternative ( *see* Appendix 1). Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal (including alternative routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 3, DG2E. • Reference Docket No. PF05-3-000. • Mail your comments so that they will be received in Washington, DC on or before March 4, 2005. Please note that we are continuing to experience delays in mail deliveries from the U.S. Postal Service. As a result, we will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. However, the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create a free account, which can be created 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.” Public Scoping Meeting and Site Visit In addition to or in lieu of sending written comments, we invite you to attend the public scoping meeting we will conduct in the project area. The location and time for the meeting is listed below: February 22, 2005; 7 p.m. (e.s.t.), Chilhowie High School, 1160 East Lee Highway, P.O. Box 2280, Chilhowie, Virginia 24319. Phone:
(276)646-8966. *Fax:*
(276)646-5951. Principal—Steve Reedy. February 23, 2005; 7 p.m. (e.s.t.), Southwest Virginia Community College, 369 College Road, Route 19, Richlands, Virginia 24641. Contact: Pauline Taylor.
(276)964-7619. The public scoping meeting is designed to provide state and local agencies, interested groups, affected landowners, and the general public with more detailed information and another opportunity to offer your comments on the proposed project. Interested groups and individuals are encouraged to attend the meeting and to present comments on the environmental issues they believe should be addressed in the EA. A transcript of the meeting will be made so that your comments will be accurately recorded. If you do not want to send comments at this time but still want to remain on our mailing list, please return the Information Request (Appendix 4). If you do not return the Information Request, you will be taken off the mailing list. We may mail the EA for comment. If you are interested in receiving it, please return the Information Request (Appendix 4). If you do not return the Information Request, you will be taken off the mailing list. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor”. Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) ( *see* Appendix 2). 4 Only intervenors have the right to seek rehearing of the Commission's decision. 4 Interventions may also be filed electronically via the Internet in lieu of paper. *See* the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List 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 aboveground facilities. By this notice we are also asking governmental agencies, especially those in Appendix 3, to express their interest in becoming cooperating agencies for the preparation of the EA. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* 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. Finally, public meetings or site visits will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Magalie R. Salas, Secretary. [FR Doc. E5-449 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP03-80-001] Eastern Shore Natural Gas Company; Notice of Intent To Prepare an Environmental Assessment for the Proposed Eastern Shore Natural Gas Company's Amended 2003-2005 Expansion Project and Request for Comments on Environmental Issues January 31, 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 Eastern Shore Natural Gas Company's
(ESNG)proposal to amend its certificate for its 2003-2005 Expansion Project. ESNG proposes to construct additional facilities to increase its system's capacity by 7,450 Dekatherms per day. The facilities would consist of four new pipeline segments on ESNG's existing system in Chester County, Pennsylvania and New Castle, Kent, and Sussex Counties, Delaware. This notice announces the opening of the scoping period that will be used to gather environmental input from the public and interested agencies on the project. Please note that the scoping period will close on March 2, 2005. This notice is being sent to potentially affected landowners; Federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American Tribes, other interested parties; local libraries and newspapers. State and local government representatives are asked to notify their constituents of this planned project and encourage them to comment on their areas of concern. If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with state law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” is available for viewing on the FERC Web site ( * http:// www.ferc.gov * ). 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. It is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). Background In the Commission's October 8, 2003 certificate order, ESNG was authorized to construct and operate certain mainline looping, upgrade a measuring and regulating station, and construct and operate a new pressure control station in three phases over a period of three years, 2003 through 2005. Phase I consisted of the upgrade of the Parkesburg Measuring and Regulating Station in Chester County, Pennsylvania. Phase II consisted of construction of approximately 2.7 miles of 16-inch-diameter pipeline in Chester County, Pennsylvania. Phase III, as currently certificated, consists of approximately 3.0 miles of 16-inch-diameter pipeline. Construction of both Phase I and II has been completed and they are in service. Phase III would be constructed in 2005. ESNG filed its original application in April 2003. At that time ESNG did not foresee additional customer growth which could result in a forecasted deficiency of firm capacity. Therefore, by requesting an amendment to it's certificate, ESNG will be able to provide for it's customer's increased volume requirements. After experiencing a relatively cold January 2004 and continued growth of their customer base, several of ESNG's customers reviewed their load profiles in anticipation of responding to ESNG's most recent open season for 2006-2008 and realized that their current firm capacity entitlements were deficient under present peak day conditions. ESNG determined that the most practical, efficient, and effective way to seek authorization for the additional capacity requested by its customers for the 2005-2006 heating season was to request an amendment 1 to the certificate issued in Docket No. CP03-80-000. 1 ESNG's application was filed with the Commission under section 7 of the Natural Gas Act and part 157 of the Commission's regulations. Summary of the Proposed Project Segment 1—Chester County, Pennsylvania • Segment 1 involves the installation of approximately 1.4 miles of 16-inch-diameter loop 2 parallel to ESNG's existing 8-inch-diameter pipeline, located in Highland Township, Chester County, Pennsylvania. The proposed line ties in to the existing 8-inch-diameter pipeline at Glen Run Road and extends in a south-southeasterly direction for 1.4 miles to Lenover Road where it ties in to the existing 16-inch-diameter pipeline completed in 2004 as part of the facilities associated with Phase II of the original certificate under FERC Docket No. CP03-80-000. No aboveground facilities are associated with this segment. 2 A loop is a segment of pipeline installed adjacent to an existing pipeline and which connects to the existing pipeline at both ends of the loop. The loop allows more gas to be moved through the system. Segment 2—New Castle County, Delaware • Segment 2 involves the installation of approximately 3.2 miles of 16-inch-diameter loop near Glasgow, Delaware, in New Castle County. The pipeline starts at a point on Pleasant Valley Road approximately 0.5 mile north of Route 40 where it will become an extension of the 16-inch-diameter pipeline approved as part of facilities associated with Phase III of the original certificate. The pipeline route runs southerly along Pleasant Valley Road for approximately 0.5 mile. The pipeline route then runs easterly along the north side of Route 40 for approximately 0.9 mile to an existing pipeline right-of-way. The route then diverts off of Route 40 and runs southerly along an existing ESNG pipeline right-of-way for approximately 0.3 mile. The route then runs easterly for approximately 0.5 mile until it intersects with Business Highway 896. The route then runs southerly along Business Highway 896 for approximately 0.9 mile until the intersection with Porter Road. The proposed pipeline then continues easterly along Porter Road for approximately 0.1 mile. This segment will include a new pressure control/regulator station to be constructed at MP 3.1. Segment 3—Sussex County, Delaware • Segment 3 involves the installation of approximately 10.3 miles of 6-inch-diameter loop from the City of Milford to the Town of Milton, in Sussex County, Delaware. This segment extends from ESNG's existing 6-inch-diameter pipeline on the east side of the City of Milford along Route 14 and Business Route 1 for approximately 2.0 miles, generally running in a southerly direction to Route 30. The route then continues southerly for approximately 8.0 miles along Route 30 to an intersection with Route 16 west of the City of Milton. This segment has a proposed new meter and regulation station constructed at the southern terminus. Segment 4—Sussex County, Delaware • Segment 4 involves the installation of approximately 6.0 miles of 10-inch-diameter loop parallel to ESNG's existing 6-inch-diameter pipeline between the Towns of Laurel and Delmar in Sussex County, Delaware. The proposed route ties in to ESNG's existing 6-inch-diameter pipeline south of the Town of Laurel. The route then runs southerly along Route 13 for roughly 6.0 miles to the Town of Delmar, Delaware north of the Delaware-Maryland State line. The proposed 10-inch-diameter pipeline ties in to ESNG's existing 6-inch-diameter pipeline on the southern terminus as well. No aboveground facilities are associated with this segment. The location of the project facilities is shown in Appendix 1. 3 3 The appendices referenced in this notice are not being printed in the **Federal Register.** Copies of all appendices, other than appendix 1 (maps), are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Land Requirements for Construction Construction of the proposed facilities would require about 220.5 acres of land. Following construction, about 8.9 acres would be maintained as new above ground facility sites and right-of-way. The remaining 211.6 acres of land would be restored and allowed to revert to its former use. The EA Process We 4 are preparing this EA to comply with the National Environmental Policy Act
(NEPA)which requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us to discover and address concerns the public may have about proposals. This process is referred to as “scoping”. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission staff requests public comments on the scope of the issues to address in the EA. All comments received are considered during the preparation of the EA. By this notice, we are also asking 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 below. 4 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP). Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. Currently Identified Environmental Issues In the EA, we will discuss impacts that could occur as a result of the construction and operation of the project. We will also evaluate possible alternatives to the proposed project or portions of the project. We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by ESNG. This preliminary list of issues may be changed based on your comments and our analysis. Project-related impact on: • 98 residences/structures within 50 feet of the construction workspace. • 1.1 acres of wetland. • 53.8 acres of agricultural land. • Six federally-listed threatened and endangered species potentially in the project area. • 28 road crossings. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal (including alternative locations and routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 1. • Reference Docket Number CP03-80-001. • Mail your comments so that they will be received in Washington, DC on or before March 2, 2005. Please note that the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments, you will need to create an account which can be created on-line. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor”. Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214, see Appendix 2). 5 Only intervenors have the right to seek rehearing of the Commission's decision. 5 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List 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. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TYY, contact
(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Magalie R. Salas, Secretary. [FR Doc. E5-450 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-42-000] Tennessee Gas Pipeline Company; Notice of Intent To Prepare an Environmental Assessment for the Proposed Compressor Station 325 Horsepower Replacement Project and Request for Comments on Environmental Issues January 26, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment
(EA)on Tennessee Gas Pipeline Company's (Tennessee) proposed Compressor Station 325 Horsepower Replacement Project. Tennessee's proposal involves the replacement of the two existing turbines at its Compressor Station 325 in Sussex County, New Jersey with two new turbines. This notice announces the opening of the scoping period that will be used to gather environmental input from the public and interested agencies on the project. Please note that the scoping period will close on February 25, 2005. This notice is being sent to potentially affected landowners; Federal, State, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. This includes all owners of property within 0.5-mile of Tennessee's Compressor Station 325. State and local government representatives are asked to notify their constituents of this planned project and encourage them to comment on their areas of concern. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility on My Land? What Do I Need To Know?” is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). This fact sheet addresses a number of typically asked questions, including how to participate in the Commission's proceedings. Summary of the Proposed Project Tennessee seeks the authority to replace the two turbines at its existing Compressor Station 325 in order to comply with Reasonably Available Control Technology standards set by the United States Environmental Protection Agency and the New Jersey Department of Environmental Protection regarding nitrogen oxide emissions. The existing turbines are both site-rated at 3,500 horsepower; the replacements would be site-rated at 4,721 horsepower. Therefore, the proposed action would increase the total authorized compressor station output by 2,442 horsepower and increase pipeline flow capacity by 18,000 dekatherms per day in the vicinity of compressor station. Construction of the proposed project would commence on or about April 2006 and Tennessee would place the project in-service in November 2006. The general location of the project is shown in Appendix 1. 1 1 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices, other than Appendix 1 (maps), are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or call
(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Land Requirements for Construction Compressor Station 325 is located on a 93.59-acre lot. However, the fenced station yard is 4.92 acres in size and is served by a paved access road. The private access road would not be improved, and no temporary access roads would be constructed. All construction activities would take place within the previously disturbed, graveled areas inside the fenced station yard. No expansion of the fenced station yard is proposed. The EA Process We 2 are preparing this EA to comply with the National Environmental Policy Act
(NEPA)which requires the Commission to take into account the environmental impact that could result if it authorizes Tennessee's proposed project. NEPA also requires us to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, we are requesting public comment on the scope of the issues to address in the EA. All comments received will be considered during the preparation of the EA. By this notice, we are also asking 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. 2 “We,” “us,” and “our” refer to the environmental staff of the Office of Energy Projects. The EA will present our independent analysis of the issues. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, State, and local agencies, public interest groups, interested individuals, potentially affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. To ensure your comments are considered, please carefully follow the instructions in the public participation section below. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 1. • Reference Docket No. CP05-42-000. • Mail your comments so that they will be received in Washington, DC on or before February 25, 2005. The Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created on-line. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor”. Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) ( *see* Appendix 2). 3 Only intervenors have the right to seek rehearing of the Commission's decision. 3 Interventions may also be filed electronically via the Internet in lieu of paper. *See* the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm.* Magalie R. Salas, Secretary. [FR Doc. E5-428 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Draft License Application and Preliminary Draft Environmental Assessment and Request for Preliminary Terms and Conditions January 27, 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.:* 2219-013. c. *Applicant:* Garkane Energy Cooperative, Inc. (Garkane). d. *Name of Project:* Boulder Creek Hydroelectic Project. e. *Location:* On Boulder Creek about 6 miles north of the town of Boulder in Garfield County, Utah. About 31.74 acres are located on the Dixie National Forest. f. *Applicant Contact:* John Spendlove, P.E., Jones and DeMille Engineering, 1535 South 100 West, Richfield, UT 84710;
(435)896-8266. g. *FERC Contact:* Dianne Rodman
(202)502-6077, e-mail: *Dianne.rodman@ferc.gov* . h. Garkane mailed a copy of the Preliminary Draft Environmental Assessment
(PDEA)and draft application to interested parties on January 13, 2005. The PDEA and draft application were filed on January 18, 2005. i. With this notice we are soliciting preliminary terms, conditions, and recommendations on the PDEA and draft license application. All comments on the PDEA and draft license application should be sent to the address above in item
(f)with one copy filed with the Commission at the following address: Federal Energy Regulatory Commission, Magalie R. Salas, Secretary, 888 First St., NE., Washington, DC 20426. All comments must include the project name and number, and bear the heading “Preliminary Comments,” Preliminary Recommendations,” “Preliminary Terms and Conditions,” or “Preliminary Prescriptions.” Any party interested in commenting must do so before April 1, 2005. j. Comments and preliminary recommendations, terms and conditions, and prescriptions 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 ( *http://www.ferc.gov* ) under the “e-Filing” link. k. With this notice, we are initiating consultation with the State Historic Preservation Officer (SHPO), as required by section 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. l. 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. The PDEA and draft application are also available upon the Web site *http://www.jonesanddemille.com* . Magalie R. Salas, Secretary. [FR Doc. E5-422 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER02-2330-029 and ER04-1255-000] New England Power Pool and ISO New England Inc.; Notice of Technical Conference January 28, 2005. On January 13, 2005 ISO New England, Inc. requested that the Federal Energy Regulatory Commission convene a technical conference on Friday, March 4, 2005, in Boston, Massachusetts, to address the prioritization and coordination of the interrelated market improvements currently being developed and considered by the ISO and market participants in New England. Specifically, the ISO requests that the Commission facilitate discussions regarding the day-ahead load response program (DALRP) and the special case nodal pricing (SCNP), including a discussion of how those programs fit within the overall market development plan for New England. To this end, the Commission will host a technical conference on Friday, March 4, 2005, to address the issues raised by the above described request. The conference will be held at the Seaport World Trade Center (Harborview Ballroom), 200 Seaport Boulevard, Boston, Massachusetts 02210. The conference is scheduled to begin at 9 a.m. and end at approximately 4 p.m. (e.s.t.). Commissioners are expected to attend and participate. An agenda will be forthcoming. Although registration is not a strict requirement, in-person attendees are asked to register for the conference on-line by close of business on Wednesday, March 2, 2005 at *http://www.ferc.gov/whats-new/registration/iso-03-04-form.asp.* Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. They will be available for the public on the Commission's eLibrary system seven calendar days after FERC receives the transcript. Additionally, Capitol Connection offers the opportunity for remote listening of the conference via Real Audio or a Phone Bridge Connection for a fee. Persons interested in making arrangements should contact David Reininger or Julia Morelli at the Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.org* and click on “FERC.” For more information about the conference, please contact Anna Cochrane at
(202)502-6357, *anna.cochrane@ferc.gov* or Sarah McKinley at
(202)502-8004, *sarah.mckinley@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E5-441 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD05-1-000] Principles for Efficient and Reliable Reactive Power Supply and Consumption; Notice of Technical Conference January 31, 2005. Take notice that a technical conference will be held on March 8, 2005, from approximately 9 a.m. until 5 p.m.
(EST)in the Commission Meeting Room on the second floor of the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. All interested persons may attend, and registration is not required. Commissioners are expected to participate. The technical conference will address specific issues raised in the staff report regarding reactive power supply for the nation's bulk power that will be issued on February 4, 2005. The goal of the technical conference is to discuss the proper regulatory policy toward reactive power supply and consumption. The Commission is now soliciting nominations for speakers at the technical conference. Persons wishing to nominate themselves as speakers should do so using this electronic link: *http://www.ferc.gov/whats-new/registration/rp-03-08-speaker-form.asp.* Such nominations must be made before the close of business, Friday, February 18, 2005, so that an agenda for the technical conference can be drafted and published. Transcripts of the conference will be immediately available from Ace Reporting Company (202-347-3700 or 1-800-336-6646) for a fee. They will be available for the public on the Commission's eLibrary system seven calendar days after FERC receives the transcript. Additionally, Capitol Connection offers the opportunity for remote listening and viewing of the conference. It is available for a fee, live over the Internet, by phone or via satellite. Persons interested in receiving the broadcast, or who need information on making arrangements should contact David Reininger or Julia Morelli at the Capitol Connection (703-993-3100) as soon as possible or visit the Capitol Connection Web site at *http://www.capitolconnection.gmu.edu* and click on “FERC.” 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. For more information about the conference, please contact Derek Bandera at
(202)502-8031 ( *Derek.bandera@ferc.gov* ) or Sarah McKinley at
(202)502-8004 ( *sarah.mckinley@ferc.gov* ). Magalie R. Salas, Secretary. [FR Doc. E5-452 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the Record Communications; Public Notice January 28, 2005. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of exempt and prohibited off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive an exempt or prohibited off-the-record communication relevant to the merit's of a contested on-the-record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary (FERRIS) link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or for TTY, contact
(202)502-8659. Docket no. Date filed Presenter or requester Exempt: 1. CP04-36-000 1-26-05 Hon. Patrick C. Lynch 2. CP04-36-000, 1-27-05 Hon. Ranch Kimball 3. CP04-37-000 1-24-05 Hon. Victor G. Carrillo, Hon. Michael Williams, Hon. Charles R. Matthews. 4. CP04-37-000 1-24-05 Hon. John Cornyn. 5. CP04-293-000, CP04-223-000, CP04-36-000, CP04-41-000 1-18-05 Hon. Jack Reed. 6. CP04-293-000, CP04-223-000, CP04-36-000, CP04-41-000 1-24-05 Hon. Lincoln Chafee. 7. CP04-386-000, CP04-400-000 1-18-05 (1-13-05 Memo to file) Jennifer Kerrigan. 8. CP04-386-000,CP04-400-000 1-26-05 (1-24-05 Memo to file) Jennifer Kerrigan. 9. CP05-3-000 1-18-05 (Memo to file re: 1-12-05 Mtg.) Monica DeAngelo. 10. CP05-3-000 1-18-05 (Memo to file re: 1-13-05 Mtg.) Monica DeAngelo. 11. CP05-19-000 1-18-05 Jennifer Kerrigan. 12. Project No. 1971-079 1-24-05 Steven A. Ellis. 13. Project No. 2150-033 1-18-05 Kenneth L. Brettmann 14. Project No. 2237-013 1-12-05 Nicholas Jayjack/Jim Long, *et al.* 1 1 Memo to File from Nicholas Jayjack attaching email communications and documents provided to the Study Dispute Resolution Panel for the Morgan Falls Hydroelectric Project proceeding. Magalie R. Salas, Secretary. [FR Doc. E5-445 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM05-2-000] Policy for Selective Discounting by Natural Gas Pipelines; Errata Notice January 26, 2005. On January 25, 2005, the Commission issued a Notice of Extension of Time in the above-docketed proceeding. The date for filing comments should be changed from “May 2, 2005” to “March 2, 2005”. Comments on the NOI are due March 2, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-423 Filed 2-3-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7869-4] Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permits; Dow Chemical Company AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of final order on petition to object to State operating permits. SUMMARY: The EPA Administrator signed an order, dated December 22, 2004, denying the petition to object to State operating permits issued by the Louisiana Department of Environmental Quality
(LDEQ)for the Light Hydrocarbon III and Cellulose plants at the Dow Chemical Company's facilities in Plaquemine, Iberville Parish, Louisiana. Pursuant to section 505(b)(2) of the Clean Air Act (Act), the petitioner may seek judicial review of this petition response in the United States Court of Appeals for the Fifth Circuit. Any petition must be filed within 60 days of the date this notice appears in the **Federal Register** , pursuant to section 307(d) of the Act. ADDRESSES: You may review copies of the final order, the petition, and other supporting information at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. If you wish to examine these documents, you should make an appointment at least 24 hours before visiting day. The final order is also available electronically at the following address: *http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2002.htm* . FOR FURTHER INFORMATION CONTACT: Ms. Mary Stanton, Air Permits Section, Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone
(214)665-8377, or e-mail at *Stanton.Marya@epa.gov* . SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to review, and, as appropriate, object to operating permits proposed by State permitting authorities under Title V of the Act, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the Act authorizes any person to petition the EPA Administrator within 60 days after the expiration of this review period to object to State operating permits if EPA has not objected on its own initiative. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the State, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or the grounds for the issues arose after this period. The Louisiana Environmental Action Network
(LEAN)submitted a petition requesting that the Administrator object to title V operating permits issued by LDEQ to the Dow Chemical Company, for modifications to its Light Hydrocarbon III and Cellulose Plants at Dow's facility in Plaquemine, Iberville Parish, Louisiana. The petition maintains that the permits are inconsistent with the Act because:
(1)The emission reduction credits
(ERCs)used as offsets are not valid because the underlying emission reductions were required, and not surplus;
(2)The ERCs are not valid because LDEQ improperly concluded that the underlying emission reductions occurred within 10 years of the date the offsets were used;
(3)Dow's application for ERCs was not timely under the requirements of the Louisiana Administrative Code;
(4)LDEQ's Basis For Decision on the ERC application failed to respond to all reasonable public comments;
(5)The permits should have required controls designed to achieve the Lowest Achievable Emission Rate
(LAER)because Dow had insufficient offsets to avoid LAER;
(6)Offsets should have been required for 33.34 tons per year of emission increases of volatile organic compounds from emission points C6 ,C7, and LN, and LDEQ was inconsistent in granting those emission increases while also maintaining that the facilities were in compliance with the previously permitted emissions limitations; and
(7)In establishing the baseline for sulfur dioxide emissions for purposes of determining whether the permits constituted a significant modification, LDEQ failed to either use actual emissions over the preceding two years, or make a determination that a different time period was more representative of normal source operation. On December 22, 2004, the Administrator issued an order denying the petition. The order explains the reasons for the Administrator's decision that the petition does not demonstrate that the permits are not in compliance with the Act. Dated: January 26, 2005. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. 05-2181 Filed 2-3-05; 8:45 am]
Connectionstraces to 10
Traces to 10 documents
CFR
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Protests, interventions, and comments.§ 154.210
- Filings and Other Submissions.§ 385.2001
- Intervention (Rule 214).§ 385.214
- Interventions and protests.§ 157.10
- Notices of cancellation or termination.§ 35.15
- Identification of historic properties.§ 800.4
- Rules governing off-the-record communications (Rule 2201).§ 385.2201
- Service (Rule 2010).§ 385.2010
4 references not yet in our index
- 18 CFR 34
- 18 CFR 35
- 40 CFR 1501.6
- 42 USC 7661-7661f
Citation graph
cites case law
Notices
Notice of final order on petition to object to State operating permits
Cite18 CFR 34
Cite18 CFR 35
Cite40 CFR 1501.6
Cites 14 · showing 12Cited by 0 across 0 sources