Notices. DEPARTMENT OF ENERGY

8,516 words·~39 min read·/register/2005/04/08/05-7040

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. EL05-72-000] Dynegy Midwest Generation, Inc.; Notice of Institution of Proceeding and Refund Effective Date April 1, 2005. On March 25, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-72-000 under section 206 of the Federal Power Act concerning the continued justness and reasonableness of Dynegy Midwest Generation, Inc.'s previously-accepted rate schedule for reactive power services. *Dynegy Midwest Generation, Inc.* 110 FERC ¶ 61,358 (2005).

The refund effective date in Docket No. EL05-72-000, established pursuant to section 206 of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E5-1628 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER05-557-000 and ER05-557-001] Grant Energy, Inc.; Notice of Issuance of Order April 1, 2005. Grant Energy, Inc. (Grant) filed an application for market-based rate authority, with an accompanying rate tariff.

The proposed rate tariff provides for purchase and sale of electricity at market-based rates. Grant also requested waiver of various Commission regulations. In particular, Grant requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Grant. On March 30, 2005, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under Part 34.

The Director's order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Grant 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 April 29, 2005. Absent a request to be heard in opposition by the deadline above, Grant 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 Grant, 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 Grant's issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document.

Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E5-1630 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-242-000] Great Lakes Gas Transmission Limited; Notice of Proposed Changes in FERC Gas Tariff April 1, 2005.

Take notice that on March 24, 2005, Great Lakes Gas Transmission Limited Partnership (Great Lakes) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, to become effective May 1, 2005: Third Revised Sheet No. 50B Eighth Revised Sheet No. 84 Fourth Revised Sheet No. 86A Great Lakes states that these tariff sheets are being filed to remove the tariff provision implementing the CIG/Granite State discount policy. Great Lakes further states that none of the proposed changes will affect any of Great Lakes currently effective rates and charges.

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210).

Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.

This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-1625 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-78-000] New York Independent System Operator, Inc.; Notice of Institution of Proceeding and Refund Effective Date April 1, 2005. On March 25, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-78-000 under section 206 of the Federal Power Act concerning the continued justness and reasonableness of New York Independent System Operator, Inc.'s previously accepted rate filing with respect to Long Island Power Authority's collection of State taxes from municipal entities and its double collection for transmission losses. *New York Independent System Operator, Inc* . 110 FERC ¶ 61,359 (2005). The refund effective date in Docket No. EL05-78-000, established pursuant to section 206 of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E5-1629 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER05-564-000] Ramco Generating One, Inc.; Notice of Issuance of Order April 1, 2005. Ramco Generating One, Inc. (Ramco) filed an application for market-based rate authority, with an accompanying rate tariff. The proposed rate tariff provides for wholesale sales of energy, capacity and ancillary services at market-based rates. Ramco also requested waiver of various Commission regulations. In particular, Ramco requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by Ramco. On March 31, 2005, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under Part 34. The Director's order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Ramco 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 May 2, 2005. Absent a request to be heard in opposition by the deadline above, Ramco 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 Ramco, 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 Ramco's issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E5-1631 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-53-000] Southern Company Services, Inc.; Notice of Institution of Proceeding and Refund Effective Date April 1, 2005. On March 25, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-53-000 under section 206 and 307 of the Federal Power Act to provide Southern Company Services with an opportunity to explain to the Commission in a paper hearing:

(1)Whether it is currently assessing operations and maintenance (O&M) charges to its customers,

(2)whether its O&M rates for these interconnection agreements are properly on file with the Commission,

(3)whether the rates (if they are on file) are just and reasonable, and

(4)what is the appropriate remedy if Southern is collecting O&M charges contrary to the FPA. *Southern Company Services, Inc.* 110 FERC ¶61,362 (2005). The refund effective date in Docket No. EL05-53-000, established pursuant to section 206 of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E5-1626 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-64-000] Westar Energy, Inc.; Notice of Institution of Proceeding and Refund Effective Date April 1, 2005. On March 23, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-64-000 under section 206 of the Federal Power Act concerning the justness and reasonableness of Westar Energy, Inc.'s (Westar) market-based rates in Westar's, Midwest Energy and Aquila Networks-West Plains Kansas control area markets. *Westar Energy,* Inc. 110 FERC ¶ 61,316 (2005). The refund effective date in Docket No. EL05-64-000, established pursuant to section 206 of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register.** Magalie R. Salas, Secretary. [FR Doc. E5-1627 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-50-000] Colorado Interstate Natural Gas Company; Notice of Availability of the Environmental Assessment for the Proposed Raton Basin 2005 Expansion Project April 1, 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 Colorado Interstate Natural Gas in the above-referenced docket. 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 following proposed pipeline loops and above-ground facilities: • Line 151B 20″ Expansion—1.9 miles of 20-inch-diameter pipeline in Las Animas County, Colorado; • Line 200B 16″ Expansion West—4.8 miles of 16-inch-diameter pipeline in Las Animas County, Colorado; • Line 200B 16″ Expansion Middle—30.3 miles of 16-inch-diameter pipeline in Las Animas County, Colorado; • Line 200B 16″ Expansion East—34.3 miles of 16-inch-diameter pipeline in Baca County, Colorado; • Line 10C 24″ Expansion—23.6 miles of 24-inch-diameter pipeline in Baca County, Colorado and Morton County, Kansas; • Line 12B 24″ Expansion—7.2 miles of 24-inch-diameter pipeline in Texas County, Oklahoma; and • 1,775 horsepower of additional compression at the Beaver Compressor Station on Line 12A in Beaver County, Oklahoma. The purpose of the proposed facilities would be to provide additional pipeline takeaway capacity to natural gas producers in the Raton Basin. 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 agencies and interested public interest groups, individuals, 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. CP05-050-000; and • Mail your comments so that they will be received in Washington, DC on or before May 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

(EA)on the natural gas pipeline facilities proposed by Dominion Transmission, Inc.

(DTI)in the above-referenced docket. 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 natural gas pipeline and appurtenant facilities including: 1. Development of the Quinlan Storage Field from a nearly depleted production reservoir by drilling four new gas storage wells, and converting a production well to an observation well, and converting a test well to an injection/withdrawal well in Cattaraugus County, New York; 2. Construction of the new 21.3-mile-long, 20-inch-diameter TL-527 Pipeline in McKean and Potter Counties, Pennsylvania, and Cattaraugus County, New York; 3. Construction of the new 0.9-mile-long, 8-inch-diameter LN-2471-S Pipeline in Potter County, Pennsylvania; 4. Construction of the new 0.1-mile-long, 8-inch-diameter LN-15 CHG-1 Pipeline in Potter County, Pennsylvania; 5. Construction of the new 0.7-mile-long, 16-inch-diameter, QL-1 Pipeline in Cattaraugus County, New York; 6. Construction of five new 8-inch-diameter well pipelines (QL-3, QL-4, QL-5, QL-6, and QL-7) totaling 0.11 mile in Cattaraugus County, New York; 7. Construction of the new 0.5-mile-long (TL-533) and 0.1-mile-long (TL-534), 16-inch-diameter pipelines in Lewis County, West Virginia; 8. Construction of the new Sharon Measuring and Regulating (M&R) Facility in Potter County, Pennsylvania; 9. Relocation of the existing Wolcott M&R Facility in Potter County, Pennsylvania from MP 0.0 of the LN-15 Pipeline segment (see below) proposed for abandonment to about MP 2.3 of the proposed TL-527 Pipeline; 10. Replacement of orifice meters with ultrasonic meters at the Leidy Transco 1 M&R Facility in Clinton, County, Pennsylvania; 11. Construction of the new 4,740 hp Quinlan Compressor Station in Cattaraugus County, New York; and 12. Construction of the new 3,550 hp Wolf Run Compressor Station in Lewis County, West Virginia. In addition, DTI proposed to abandon in place: 1. 1.76 miles of the existing 8-inch-diameter LN-15 Pipeline in Potter County, Pennsylvania; and 2. 0.1 mile of the existing 8-inch-diameter LN-250-S Pipeline in Potter County, Pennsylvania. The purpose of the Northeast Storage Project is to provide additional storage of 9.4 Bcf of gas and additional winter season firm transportation of 163,017 dekatherms per day. 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 cooperating agencies, State agencies, a public interest group and a local newspaper. 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 3, PJ11.3. • Reference Docket No. CP04-365-000; and • Mail your comments so that they will be received in Washington, DC on or before April 30, 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. E5-1638 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Motions To Intervene and Protests April 1, 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 minor license. b. *Project No.:* 2153-012. c. *Date Filed:* April 30, 2003. d. *Applicant:* United Water Conservation District. e. *Name of Project:* Santa Felicia Hydroelectric Project. f. *Location:* On the Piru Creek in Ventura County, California. The project affects 174.5 acres of Federal land within the Los Padres and Angeles National Forests. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Ms. Dana Wisehart, United Water Conservation District, 106 North Eighth Street, Santa Paula, CA 93060. i. *FERC Contact:* Kenneth Hogan at

(202)502-8434 or *kenneth.hogan@ferc.gov.* j. *Deadline for Filing Motions To Intervene and Protests:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Motions to intervene and protests may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted for filing, but is not ready for environmental analysis at this time. l. The existing Santa Felicia Project consists of:

(1)A 200-foot-tall, 1200-foot-long earth fill dam;

(2)an 88,000 acre-foot reservoir;

(3)an ungated spillway and associated works,

(4)a powerhouse with two units having a total installed capacity of 1,434-kilowatts and

(5)appurtenant facilities. The applicant estimates that the total average annual generation would be 1,300 megawatthours. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application. When the application is ready for environmental analysis, the Commission will issue a public notice requesting comments, recommendations, terms and conditions, or prescriptions. All filings must

(1)bear in all capital letters the title “PROTEST” or “MOTION TO INTERVENE”;

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person protesting or intervening; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. Magalie R. Salas, Secretary. [FR Doc. E5-1632 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests March 31, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-project use of project lands and waters. b. *Project No.:* 2503-085. c. *Date Filed:* March 3, 2005. d. *Applicant:* Duke Power, a division of Duke Energy Corporation. e. *Name of Project:* Keowee-Toxaway Project. f. *Location:* Lake Keowee is located in Oconee County, South Carolina. This project does not occupy any Tribal or Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a), 825(r) and 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative; Duke Energy Corporation; P.O. Box 1006; Charlotte, NC 28201-1006;

(704)382-8576. i. *FERC Contact:* Any questions on this notice should be addressed to Brian Romanek at

(202)502-6175 or by e-mail: *Brian.Romanek@ferc.gov.* j. *Deadline for Filing Comments and or Motions:* April 29, 2005. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-2503-085) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Duke Power, licensee for the Keowee-Toxaway Hydroelectric Project, has requested Commission authorization to lease to the Waterford Communities Owners Association and Crescent Communities, S.C., LLC 6.54 acres of project lands for a Commercial/ Residential Marina. The Waterford Community is located on Lake Keowee in Oconee County. The marina would consist of:

(1)Three cluster docks that accommodate a total of twenty-four boats and one cluster dock that accommodates six boats for Waterford Ridge;

(2)one cluster dock that accommodates fourteen boats and two cluster docks that accommodate eight boats each for Waterford Farms and;

(3)nine cluster docks that accommodate ten boats each for Waterford Pointe. In total, one hundred and fifty boats would be accommodated. Duke also seeks authorization to approve the irrigation and boat pump-out facilities associated with this marina. The water withdrawal needs are expected to be 8,400 gallons per day. Duke also seeks authorization to allow the stabilization of 2,803 feet of shoreline with rip-rap. l. *Location of the Application:* This filing is available for review at the Commission 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

(866)208-3676, or for TTY, contact

(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions To Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E5-1635 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12462-000] Indian River Power Supply, LLC; Notice of Application Ready for Environmental Analysis, and Soliciting Comments, Terms and Conditions, Recommendations, and Prescriptions March 31, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* 5-MW Exemption. b. *Project No.:* 12462-000. c. *Date Filed:* July 28, 2003. d. *Applicant:* Indian River Power Supply, LLC. e. *Name of Project:* Indian River. f. *Location:* On the Westfield River, in the Town of Russell, Hampden County, Massachusetts. g. *Filed Pursuant to:* Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2705, 2708. h. *Applicant Contact:* Peter B. Clark, P.O. Box 149, Hamilton, Massachusetts 01936. i. *FERC Contact:* Michael Spencer,

(202)502-6093, *michael.spencer@ferc.gov.* j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. *All Documents (Original and Eight Copies) Should be Filed With:* Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. k. This application has been accepted and is now ready for environmental analysis. l. *Description of Project:* The Indian River Project would consist of:

(1)The existing 30-foot-high, 425-foot-long Russell dam with flashboards;

(2)a 14.11 acre reservoir;

(3)a rackhouse for intake of the reservoir flow;

(4)two 7-foot-diameter, 60-foot-long penstocks;

(5)a powerhouse containing two generating units with a combined capacity of 700 kW and an estimated average annual generation of 3.2 GWh;

(6)a 60-foot-long tailrace;

(7)a 400-foot-long transmission line; and

(8)appurtenant facilities. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. All filings must

(1)bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person submitting the filing; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. *Procedural Schedule:* The Commission staff proposes to issue one Environmental Assessment

(EA)rather than issuing a draft and final EA. Staff intends to allow 30 days for entities to comment on the EA, and will take into consideration all comments received on the EA before final action is taken on the exemption application. The application will be processed according to the schedule, but revisions to the schedule may be made as appropriate: Action Date Notice availability of EA Aug. 2005. Ready for Commission Decision on Application Nov. 2005. Magalie R. Salas, Secretary. [FR Doc. E5-1636 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests March 31, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-project use of project lands and waters. b. *Project No.:* 2232-485. c. *Date Filed:* March 8, 2005. d. *Applicant:* Duke Power, a division of Duke Energy Corporation. e. *Name of Project:* Catawba-Wateree Project. f. *Location:* This project is located on the Catawba and Wateree Rivers, in nine counties in North Carolina (Burke, Alexander, McDowell, Iredell, Caldwell, Lincoln, Catawba, Gaston, and Mecklenburg Counties) and five counties in South Carolina (York, Chester, Lancaster, Fairfield and Kershaw Counties). This project does not occupy any Tribal or Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a), 825(r) and 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative; Duke Energy Corporation; P.O. Box 1006; Charlotte, NC 28201-1006;

(704)382-8576. i. *FERC Contact:* Any questions on this notice should be addressed to Brian Romanek at

(202)502-6175 or by e-mail: *Brian.Romanek@ferc.gov.* j. *Deadline for Filing Comments and or Motions:* April 29, 2005. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2232-485) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Duke Power, licensee for the Catawba-Wateree Hydroelectric Project, has requested Commission authorization to lease to The Black Bear Development, Inc. 6.57 acres of project lands for a Commercial/ Non-Residential Marina. The Black Bear Development is located on Lake James in McDowell County. The marina would consist of 14 cluster docks with one hundred and ninety eight

(198)boat slips, one dry docking storage access ramp with a bulkhead, three fishing piers (one of which is designed for use by disabled persons), four boat slips for fueling (equipped with human waste pump-out equipment), and 2,505 linear feet of shoreline stabilization (rip rap). l. *Location of the Application:* This filing is available for review at the Commission 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

(866)208-3676, or for TTY, contact

(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E5-1637 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PL05-6-000] Establishing Reference Prices for Mitigation in Markets Operated by Regional Transmission Organizations and Independent System Operators; Notice Inviting Comments on the Establishment and Use of Reference Prices April 1, 2005. The Commission invites all interested persons to file comments addressing the roles of Regional Transmission Organizations (RTOs), Independent System Operators

(ISOs)or their market monitors (or contractors) in establishing reference prices to mitigate bids in order to limit non-competitive results in wholesale electric markets. The comments may focus on particular geographic region(s) of the United States or upon energy markets in general. A Commission staff document, which is appended to this notice as Attachment A, provides general background on ways that reference levels are calculated and how they are used. The Commission is particularly interested in comments that address the following questions for RTOs and ISOs that use the conduct and impact approach to mitigation: 1. In practice:

(a)When are reference prices used;

(b)by whom are they developed;

(c)what can be their effect, if any, on the wholesale market-clearing price and wholesale rates for electric energy; and

(d)how often do they affect market-clearing prices? 2. In what ways do reference prices in the wholesale market function like bid caps, and in what ways are they like formula rates? 3. Under what circumstances do RTOs, ISOs, their market monitors, or their consultants use discretion in setting reference prices? What is the nature of the discretion used? Is their discretion within the parameters prescribed in the RTO or ISO's Commission-approved, filed tariff? Is discretion necessary in determining reference prices? If so, under what circumstances is discretion necessary? Can reference prices be developed without discretion on the part of the RTO, ISO or market monitor? a. If RTOs, ISOs, their market monitors, or their consultants exercise discretion within the parameters prescribed in the RTO or ISO's Commission-approved, filed tariff, is such discretion an impermissible delegation of the Commission's authority or is it a permissible implementation of a Commission-approved tariff? With respect to possible impermissible delegations of authority, does it make a difference if it is the RTO, ISO or an internal market monitor that exercises discretion within the parameters of a Commission-approved, filed tariff, or if it is an external market monitor or other consultant that exercises such discretion? b. How often do RTOs, ISOs and their market monitors consult with individual market participants to determine the appropriate reference prices(s) for that market participant's unit(s)? How is the consultation process carried out? Is this consultation process appropriate? c. How do RTOs, ISOs and their market monitors resolve disagreements with market participants about methods used to determine their individual reference prices, or about the data used to calculate their reference prices? 4. Is there a reason why reference prices, once set, would need to be adjusted quickly? 5. How often are reference prices set based on the market monitor or RTO/ISO's estimate of a unit's generating costs, compared to other methods of calculating reference prices? 6. To the extent that the RTO, ISO or market monitor may affect the market-clearing price at one or more locations and time intervals by determining reference prices, is there a better system that can be employed to mitigate bids? a. Should some method other than reference prices within a conduct and impact approach to mitigation be used? If so, what method? Would this alternative method involve discretion on the part of the market monitor, ISO or RTO? b. Reference prices could be developed by the market monitor, but submitted to the Commission for its approval. Should reference prices be set in that manner? The Commission encourages electronic submission of comments 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 comment to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All filings in this docket are accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and will be 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 May 2, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-1633 Filed 4-7-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6662-3] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements

(EISs)was published in the **Federal Register** dated April 1, 2005 (70 FR 16815). Draft EISs EIS No. 20040583, ERP No. D-BLM-J65433-WY, Rawlins Field Office Planning Area Resource Management Plan, Addresses the Comprehensive Analysis of Alternatives for the Planning and Management of Public Land and Resource Administered by (BLM), Albany, Carbon, Laramie, and Sweetwater Counties, WY. *Summary:* EPA expressed environmental concerns regarding potential impacts to ecosystem processes, air quality, water quality, and wildlife habitat. EPA requests that the Final EIS disclose water quality impacts to aquatic resources more clearly and quantitatively, specifically in grazing allotments needing preservation of riparian habitat and water quality. Rating EC2. EIS No. 20050026, ERP No. D-BIA-F60007-WI, Beloit Casino Project, To Expand the Tribal Governmental Revenue Base, St. Croix Chippewa Indians of Wisconsin and Bad River Band of the Lake Superior Tribe of Chippewa Indians, Rock County, WI. *Summary:* EPA expressed concerns regarding the construction and operation of the proposed casino project and cumulative noise and air impacts from the proposed I-90 highway reconfiguration. EPA requested that these issues be evaluated in the Final EIS along with mitigation for noise and light pollution from increased night time traffic, and evaluation of the use of native vegetation in landscaping for energy and water conservation. Rating EC2. EIS No. 20050032, ERP No. D-AFS-D65049-WV, Fernow Experimental Forest, To Continue Long-Term Research and Initiate New Research, Involving Removal of Trees, Prescribed Burning, Stem Injection of Selected Trees, Control Invasive Plant Species, Northeastern Research Station, Parson, Tucker County, WV. *Summary:* EPA expressed environmental concerns regarding impacts to water quality and riparian resources and requested more specific information on herbicide treatments, especially related to overstory trees to control invasive plants. The Final EIS should address stream monitoring to assess potential impacts that may result from the proposed actions as well as how the public and wildlife will be protected from prescribed fire treatments. Rating EC2. EIS No. 20050047, ERP No. D-BIA-C60005-NY, Stockbridge-Munsee Casino Project, Proposes To Address the Tribe's Economic Development, Bands of Mohican Indians of Wisconsin (the Tribe), NPDES Permit and U.S. Army COE Section 404 Permit, Town of Thompson, Sullivan County, NY. *Summary:* EPA expressed concerns regarding indirect and cumulative impacts on new water and sewer lines, traffic and air quality of the five casinos expected to be built in Sullivan County and the casino's solid waste disposal. EPA requested that these issues be evaluated in the Final EIS along with a detailed wetlands mitigation and monitoring plan. Rating EC2. EIS No. 20050074, ERP No. D-NAS-E12007-FL, New Horizons Mission to Pluto, Continued Preparations and Implementation to Explore Pluto and Potentially the Recently Discovered Kuiper Belt, Cape Canaveral Air Force Station, FL. *Summary:* EPA has no objections regarding this launch. Rating LO. EIS No. 20050043, ERP No. DS-FHW-J40166-UT, US 6 Highway Project, Improvements from Interstate 15 (I-15) in Spanish Fork to Interstate (I-70) near Green River, New Information, Funding, Right-of-Way Permit and US Army COE Section 404 Permit, Utah, Wasatch, Carbon, and Emery Counties, UT. *Summary:* EPA expressed concerns due to impaired waters in the project area. Rating EC1. EIS No. 20050002, ERP No. DS-NPS-L65264-WA, Elwha River Ecosystem Restoration Implementation Project, Update Information, Olympic Peninsula, Challam County, WA. *Summary:* EPA has no objections to the proposed action. Rating LO. EIS No. 20050007, ERP No. D2-FHW-H40397-MO, Interstate 70 Corridor Improvements, Section of Independent Utility #7 , a 40-Mile Portion of the I-70 Corridor from just West of Route 19 (milepost 174) to Lake St. Louis Boulevard (milepost 214) Montgomery, Warren, St. Charles Counties, MO. *Summary:* While EPA has no objection to the proposed action, it did request clarification on wetlands issues. Rating LO. Final EISs EIS No. 20050017, ERP No. F-NOA-A91070-00, Atlantic Herring Fishery Management Plan, Minimizing Impacts on Essential Fish Habitat of Any Species, Gulf of Maine—Georges Bank, ME, NH, MA, CT and RI. *Summary:* EPA expressed a lack of objections to the DEIS due to the overall benefits of the proposed action. Based on our review of the FEIS, we found that our issues were addressed. EIS No. 20050027, ERP No. F-BLM-L65462-AK, Northeast National Petroleum Reserve Alaska Amended Integrated Activity Plan, To Amend 1998 Northeast Petroleum Reserve, To Consider Opening Portions of the BLM-Administrated Lands, North Slope Borough, AK. *Summary:* EPA expressed environmental objections given that the selected alternative is likely to have more adverse impacts to surface resources and subsistence communities. EPA recommends that BLM phase in leases in new, environmentally sensitive areas only after experimental mitigation measures are proven effective for areas currently available for leasing. EIS No. 20050045, ERP No. F-AFS-K65307-AZ, Coconino, Kaibab, and Prescott National Forest, Integrated Treatment of Noxious and Invasive Weeds, Implementation, Coconino, Mojave, and Yavapai Counties, AZ. *Summary:* The Final EIS addressed EPA's concerns about impacts to drinking water from herbicide applications with the addition of mitigation measures. EIS No. 20050057, ERP No. F-AFS-J65303-MT, Bridger Bowl Ski Area, Permit Renewal and Master Development Plan Update, Implementation, Special Use Permit and COE Section 404 Permit, Gallatin National Forest, in the City of Bozeman, MT. *Summary:* EPA continues to express environmental concerns regarding impacts to wildlife habitat. EIS No. 20050065, ERP No. F-AFS-J65389-MT, North Belts Travel Plan and the Dry Range Project, Provision of Motorized and Non-motorized Recreation, Helena National Forest, Broadwater, Lewis and Clark, and Meagher Counties, MT. *Summary:* EPA continues to have environmental concerns regarding erosion, habitat damage and adverse impacts to wildlife security from motorized uses as well as the need for an effective monitoring and adaptive management program for travel management. EIS No. 20050070, ERP No. F-FHW-G40177-LA, Kansas Lane Connector Project, Construction between U.S. 90 (Desiard Street) and U.S. 165 and the Forsythe Avenue Extension, US Army COE Section 10 and 404 Permits Issuance, City of Monroe, Quachita Parish, LA. *Summary:* EPA has no objections to the proposed project. EIS No. 20050009, ERP No. FS-NOA-A91063-00, Monkfish Fishery Management Plan

(FMP)Amendment 2, Implementation, Proposes Measures to Address a Wide Range of Management Issues, New England and Mid-Atlantic. *Summary:* EPA has no objection to the proposed action. EIS No. 20050040, ERP No. FS-AFS-J02027-UT, Table Top Exploraory Oil and Gas Wells, New Information from the Approval 1994 Final EIS, Wasatch-Cache National Forest, Evanston Ranger District, Summit County, UT. *Summary:* No formal comment letter was sent to the preparing agency. Dated: April 5, 2005. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. 05-7040 Filed 4-7-05; 8:45 am]

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