Notices. Notice
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/register/2005/04/07/05-6849·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-85-000] Adrian Energy Associates, LLC, Cadillac Renewable Energy, LLC, Genesee Power Station, LP, Grayling Generating Station, LP, Hillman Power Company, LLC, T.E.S. Filer City Station, LP, Viking Energy of Lincoln, Inc., Viking Energy of McBain, Inc., Complainants, Michigan Public Service Commission, Commissioner J. Peter Lark, Commissioner Robert B. Nelson, Commissioner Laura Chapelle, Respondents;
Notice of Complaint March 31, 2005. Take notice that on March 30, 2005, Adrian Energy Associates, LLC, Cadillac Renewable Energy, LLC, Genesee Power Station, LP, Grayling Generating Station, LP, Hillman Power Company, LLC, T.E.S. Filer City Station, LP, Viking Energy of Lincoln, Inc. and Viking Energy of McBain, Inc. (collectively, Michigan QFs), filed a formal complaint and petition against the Michigan Public Service Commission (MPSC), and Commissioner J. Peter Lark, Commissioner Robert B.
Nelson, and Commissioner Laura Chapelle, alleging that: 1. The MPSC, in an opinion and order issued February 28, 2005, failed to Implement and enforce the Public Utility Regulatory Policies Act of 1978 (PURPA), including 16 U.S.C. 824a-3(f) *et seq.* and the rules of the Federal Energy Regulatory Commission, including 18 CFR 292.401 *et seq.* ; 2. The MPSC's February 28, 2005, opinion and order contravenes the Federal Power Act, 16 U.S.C. 791a *et seq.* , 16 U.S.C. 824(b), the PURPA And the FERC rules; and 3.
The MPSC's February 28, 2005, opinion and order improperly and unlawfully alters pre-existing Power Purchase Agreements, subjecting the Qualifying Facilities
(QFs)to utility-type regulation in violation of 16 U.S.C. 824a-3(e)(1) and 18 CFR 292.602, and unlawfully discriminating against the QFs in violation of 16 U.S.C. 824e-3(b)(2) and 18 CFR 292.304. The Michigan QFs certify that copies of the complaint were served on the contacts for the Michigan Public Service Commission, Commissioner J. Peter Lark, Commissioner Robert B. Nelson, and Commissioner Laura Chapelle as listed on the Commission's List of Corporate Officials. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protest must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* April 20, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-1604 Filed 4-6-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-86-000] Quest Energy, L.L.C. Complainant v. Midwest Independent Transmission System Operator, Inc., Respondent; Notice of Complaint and Request for Fast Track Processing April 1, 2005. Take notice that on March 31, 2005, Quest Energy, L.L.C. (Quest) filed a Complaint against Midwest Independent Transmission System Operator, Inc.
(MISO)pursuant to section 206 of the Federal Power Act, 16 U.S.C. and Rule 206 of the Commission's Rules of Practice and Procedure, 18 CFR 385.206 (2004). Quest alleges that MISO violated its tariff by unilaterally modifying Quest's Load Zone Commercial Price Node in the Consumers Energy control area and then refusing to restore Quest's Load Zone Nodes. Quest has requested fast track processing of the Complaint. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protest must be served on the Complainant. 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:* April 20, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-1603 Filed 4-6-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-65-000, et al.] ITC Holdings Corp., et al., Electric Rate and Corporate Filings March 31, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. ITC Holdings Corp. and International Transmission Company [Docket No. EC05-65-000] Take notice that on March 30, 2005, ITC Holdings Corp. (ITC Holdings) and International Transmission Company (International Transmission) (collectively, Applicants) filed with the Federal Energy Regulatory Commission (Commission) a joint application for authorization of a disposition of jurisdictional facilities under section 203 of the Federal Power Act and notification of change in ownership structure, as required under *ITC Holdings Corp.* , *et al.* , 102 FERC ¶ 61,182 at P 44 (2003), *reh'g denied,* 104 FERC ¶ 61,033 (2003). Applicants also request that the Commission confirm that International Transmission will remain independent from any Market Participant following public offering of the stock of its parent, ITC Holdings. *Comment Date:* 5 p.m. eastern time on April 13, 2005. 2. South Jersey Energy Company [Docket No. ER97-1397-012] Take notice that on March 24, 2005, South Jersey Energy Company filed an amendment to its market-based rate tariff to reflect the change-in-status reporting requirement adopted in Order No. 652, *Reporting Requirement for Changes in Status for Public Utilities with Market-Based Rate Authority,* Order No. 652, 110 FERC ¶ 61,097 (2005). *Comment Date:* 5 p.m. eastern time on April 14, 2005. 3. South Jersey Energy Company [Docket No. ER97-1397-013] Take notice that on March 24, 2005, South Jersey Energy Company tendered for filing an updated generation market power analysis in compliance with the Commission's order in *Acadia Power Partners, L.L.C.,* 107 FERC ¶ 61,168 (2004). South Jersey Energy Company states that copies of the filing were served on parties on the official service list in the above-captioned docket. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 4. Elkem Metals Company—Alloy L.P. [Docket No. ER00-2093-002] Take notice that on March 24, 2005, Elkem Metals Company—Alloy L.P. (Elkem-Alloy) submitted its market power update in compliance with the Commission's May 13, 2004 in *Acadia Power Partners, LLC,* 107 FERC ¶ 61,168 (2004). Elkem-Alloy states that copies of the filing were served on parties on the official service list in the captioned proceedings. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 5. Elkem Metals Company—Alloy L.P. [Docket No. ER00-2093-003] Take notice that on March 24, 2005, Elkem Metals Company—Alloy L.P. (Elkem-Alloy) submitted for filing revisions to its FERC Electric Tariff, Second Revised Volume No. 1 to reflect the change-in-status reporting requirement adopted in Order No. 652, *Reporting Requirement for Changes in Status for Public Utilities with Market-Based Rate Authority,* 110 FERC ¶ 61,097 (2005). Elkem-Alloy states that it has served copies of this filing on parties on the official service list. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 6. Northern Indiana Public Service Company, EnergyUSA-TPC Corp., Whiting Clean Energy, Inc. [Docket Nos. ER00-2173-004, ER00-3219-004, and ER01-1300-005] Take notice that on March 28, 2005, Northern Indiana Public Service Company, EnergyUSA-TPC Corp., (NISPCO) and Whiting Clean Energy, Inc. (the NiSource Companies) tendered for filing certain workpapers and spreadsheets regarding their updated market power analysis filed on February 8, 2005. *Comment Date:* 5 p.m. eastern time on April 7, 2005. 7. Naniwa Energy LLC [Docket No. ER01-457-004] Take notice that on March 24, 2005, Naniwa Energy LLC (Naniwa) submitted an amendment to its FERC Rate Schedule No. 1 to reflect the change-in-status reporting requirement adopted in the Commission's Order No. 652, *Reporting Requirement for Changes in Status for Public Utilities with Market-Based Rate Authority,* 110 FERC ¶ 61,097 (2005). Naniwa states that copies of the filing were served on parties on the official service list in this proceeding. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 8. Power Contract Finance, L.L.C. [Docket No. ER02-1485-006] Take notice that on March 24, 2005, Power Contract Finance, L.L.C.
(PCF)submitted an amendment to its FERC Rate Schedule No. 1 to reflect the change-in-status reporting requirement adopted in the Commission's Order No. 652, *Reporting Requirement for Change in Status for Public Utilities with Market-Based Rate Authority,* 110 FERC ¶ 61,097 (2005). PCF states that copies of the filing were served on parties on the official service list. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 9. MS Retail Development Corp. [Docket No. ER03-1315-004] Take notice that, on March 24, 2005, MS Retail Development Corp. (MS Retail) submitted an amendment to its FERC Rate Schedule No. 1 to reflect the change-in-status reporting requirement adopted in the Commission's Order No. 652, *Reporting Requirement for Change in Status for Public Utilities with Market-Based Rate Authority,* 110 FERC ¶ 61,097 (2005). MS Retail states that copies of the filing were served on parties on the official service list. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 10. Williams Power Company, Inc., Williams Energy Marketing & Trading Company, Williams Generation Company—Hazleton, Williams Flexible Generation, LLC [Docket Nos. ER03-1331-004, ER99-1722-005, ER97-4587-006 and ER00-2469-003] Take notice that on March 24, 2005, Williams Power Company, Inc. (Williams Power), Williams Energy Marketing & Trading Company, Williams Generation Company—Hazleton (Williams Hazleton) and Williams Flexible Generation, LLC (Williams Flex Generation) submitted their joint triennial market power update pursuant to *Acadia Power Partners, L.L.C.* 107 FERC ¶ 61,168
(2004)and *AEP Power Marketing, Inc.,* 107 FERC ¶ 61,018 (2004). Williams Power, Williams Hazleton and Williams Flex Generation also submitted revised tariff sheets reflecting the change in status reporting requirement adopted by the Commission in Order No. 652, *Reporting Requirements for Changes in Status for Public Utilities with Market-Based Rate Authority,* 110 FERC ¶ 61,097 (2005). *Comment Date:* 5 p.m. eastern time on April 14, 2005. 11. Progress Ventures, Inc. [Docket No. ER05-391-001] Take notice that on March 24, 2005, Progress Ventures, Inc. (Progress Ventures), in response to the Commission's deficiency letter issued February 24, 2005, submitted an amendment to its December 29, 2004, filing for a cost-based power sales tariff for Progress Ventures to permit short-term sales of capacity and energy by Progress Ventures in Florida at the same price at which Progress Ventures purchases the power. Progress Ventures requests an effective date of June 14, 2004. Progress Ventures states that copies of the filing were served upon the Florida Public Service Commission, the North Carolina Utilities Commission and affected customers. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 12. Carolina Power & Light Company [Docket No. ER05-722-000] Take notice that on March 24, 2005, Carolina Power & Light Company, filed revisions to a Power Supply Agreement between North Carolina Electric Membership Corporation (NCEMC) and Progress Energy Carolinas, Inc., Rate Schedule FERC No. 134. Carolina Power and Light Company request an effective date of January 1, 2001. Carolina Power and Light Company states that copies of the filing were served upon NCEMC, the North Carolina Utilities Commission and the South Carolina Public Service Commission. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 13. PJM Interconnection, L.L.C. [Docket No. ER05-724-000] Take notice that on March 24, 2005, PJM Interconnection, L.L.C.
(PJM)and Duquesne Light Company (Duquesne) (together, Applicants) tendered for filing an amended network integration service agreement between PJM and Allegheny Power. Applicants state that copies of the filing were served upon Allegheny Power and the state commissions in the Allegheny Power region. *Comment Date:* 5 p.m. eastern time on April 14, 2005. Deephaven RV Sub Fund Ltd. [Docket No. ER05-725-000] Take notice that on March 24, 2005, Deephaven RV Sub Fund Ltd. (Deephaven) submitted for filing, pursuant to section 205 of the Federal Power Act, and part 35 of the Commission's regulations, an application for authorization to make sales, as a power marketer, of capacity, energy, and certain Ancillary Services at market-based rates; to reassign transmission capacity; and to resell firm transmission rights. Deephaven further requests certain waiver and blanket authorizations under Commission regulations. Deephaven requests an effective date for its proposed rate schedule of April 25, 2005. *Comment Date:* 5 p.m. eastern time on April 14, 2005. 15. CPN Pleasant Hill Operating, LLC [Docket No. ER05-726-000] Take notice that on March 24, 2005, CPN Pleasant Hill Operating, LLC filed a Notice of Cancellation of its Rate Schedule FERC No. 1 and Service Agreement Nos. 1 and 2. *Comment Date:* 5 p.m. eastern time on April 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. E5-1605 Filed 4-6-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OECA-2004-0035; FRL-7895-6 ] Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Marine Tank Vessel Loading Operations (Renewal), ICR Number 1679.05, OMB Control Number 2060-0289 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act, this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on May 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before May 9, 2005. ADDRESSES: Submit your comments, referencing docket ID number OECA-2004-0035, to
(1)EPA online using EDOCKET (our preferred method), by e-mail to *docket.oeca@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, Mail Code 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Dan Chadwick, Compliance Assessment and Media Programs Division, Office of Compliance, 2223A, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202)564-7054; fax number:
(202)564-0050; e-mail address: *chadwick.dan@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On September 14, 2004 (69 FR 55430), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID No. OECA-2004-0035, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is
(202)566-1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is:
(202)566-1752. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket* . Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, *see* EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov/edocket* . *Title:* NESHAP for Marine Tank Vessel Loading Operations (Renewal). *Abstract:* This information collection request addresses Clean Air Act information collection requirements in standards published at 40 CFR part 63, subpart Y, which have mandatory recordkeeping and reporting requirements. The information collected under these requirements concern compliance with emissions standards relating to loading of marine tank vessels with petroleum and gasoline. Records collected under the National Emission Standards for Hazardous Air Pollutants (NESHAP) must be retained by the owner or operator for at least five years, so that the recorded can be shown to inspectors when requested. In general, the required collections consist of emissions data and other information deemed not to be private (40 CFR 63.15). Delegated states and EPA Regional Offices use the information collected under these requirements to determine compliance with the NESHAP. In the absence of such information collection requirements, enforcement personnel would be unable to determine whether the standards are being met on a continuous basis, as required by the Clean Air Act. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 12 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Entities potentially affected by this action are marine tank vessel loading operations at marine terminals. *Estimated Number of Respondents:* 804. *Frequency of Response:* On occasion, Semi-annually, Annually. *Estimated Total Annual Hour Burden:* 9,872 hours. *Estimated Total Annual Costs:* $629,850 which includes $0 annualized capital/startup costs, $0 annual O&M costs, and $629,850 in Respondent Labor costs. *Changes in the Estimates:* There is a decrease of 18,259 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is due to a change in the estimated number of facilities that submit reports from 105 to 38 and correction of the frequency of HAP control efficiency reports from quarterly to annually. Balancing these decreases are three sources of increase in burden. Recordkeeping burden for facilities that keep records but do not report, not considered in previous versions of the ICR, is included here at one hour for each of 766 facilities. Industry labor rates increased by an average of 16.7% from those in the active ICR. Calculated burden also increased by including managerial and clerical labor, which had not been included in the previous ICR. Dated: March 25, 2005. Oscar Morales, Director, Collection Strategies Division. [FR Doc. 05-6849 Filed 4-6-05; 8:45 am]
Connectionstraces to 9
Traces to 9 documents
U.S. Code
CFR
- Implementation of certain reporting requirements.§ 292.401
- Exemption to qualifying facilities from the Public Utility Holding Company Act of 2005 and certain State laws and regulations.§ 292.602
- Rates for purchases.§ 292.304
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Complaints (Rule 206).§ 385.206
- Availability of information and confidentiality.§ 63.15
5 references not yet in our index
- 16 USC 824e-3(b)(2)
- 5 CFR 1320.12
- 5 CFR 1320.8(d)
- 40 CFR 63
- 40 CFR 9
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Notices
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Cite16 USC 824e-3(b)(2)
Cite5 CFR 1320.12
Cite5 CFR 1320.8(d)
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