Notices. Notice
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BILLING CODE 6820-YN-M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC05-561-001; FERC-561] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension April 15, 2005. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget
(OMB)for review and an extension of the expiration date for this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier **Federal Register** notice of January 31, 2005 (70 FR 4831-32) and has made this notation in its submission to OMB. DATES: Comments on the collection of information are due by May 20, 2005. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *oira_submission@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at
(202)395-4650. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-33, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC05-561-001. Documents filed electronically via the Internet must be prepared in MS Word, Portable Document Format, Word Perfect or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's e-mail address upon receipt of comments. User assistance for electronic filings is available at
(202)502-8258 or by e-mail to *efiling@ferc.gov.* Comments should not be submitted to the e-mail address. All comments are 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. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information:* FERC-561 “Annual Report of Interlocking Positions”. 2. *Sponsor:* Federal Energy Regulatory Commission. 3. *Control No.:* 1902-0099. The Commission is now requesting that OMB approve this information collection with a three-year extension of the expiration date, with no changes to the existing collection. The information filed with the Commission is mandatory. 4. *Necessity of the Collection of Information:* Submission of the information is necessary to enable the Commission to implement the statutory provisions of Title II, section 211 of the Public Utility Regulatory Policies Act of 1978 (PURPA) (16 U.S.C. 825d) which amended part III section 305(c) of the Federal Power Act (FPA). Submission of the list is necessary to fulfill the requirements of section 211—Interlocking Directorates, which defines monitoring and regulatory operations concerning interlocking directorate positions held by utility personnel and possible conflicts of interest. The information is collected by the Commission to identify persons holding interlocking position between public utilities and possible conflicts of interest. Through this process, the Commission is able to review and exercise oversight of interlocking directorates of public utilities and their related activities. Specifically, the Commission must determine that individuals in utility operations holding two positions at the same time would not adversely affect the public interest. The Commission can employ enforcement proceedings when violations and omissions of the Act's provisions occur. The reporting requirements are found at 18 CFR 46.6 and 131.31. 5. *Respondent Description:* The respondent universe is comprised of public utilities and from those entities the Commission received reports from 1,649 persons serving as officers or directors of those concerns. 6. *Estimated Burden:* 412 total hours, 1649 respondents, 1 response per respondent, and .25 hours per response (average). 7. *Estimated Cost Burden to Respondents:* $21,503. (412 hours divided by 2,080 hours per year per employee times $108,558 per year average per employee). The cost per respondent is $13. Statutory Authority: Section 305(c) of the Federal Power Act, 16 U.S.C. 825d. Magalie R. Salas, Secretary. [FR Doc. E5-1899 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC05-566-001; FERC-566] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension April 18, 2005. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C., the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget
(OMB)for review and extension of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier **Federal Register** notice of January 31, 2005 (70 FR 3006-3007) and has made this notification in its submission to OMB. DATES: Comments on the collection of information are due by May 20, 2005. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *oira_submission@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at 202-395-4650. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-33, Attention: Michael Miller, 888 First Street NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC05-566-001. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. User assistance for electronic filings is available at 202-502-8258 or by e-mail to *efiling@ferc.gov* . Comments should not be submitted to the e-mail address. All comments are available for review at the Commission or may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the “ *eLibrary* ” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For user assistance, contact *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676 or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information:* FERC-566 “Annual Report of a Utility's Twenty Largest Purchasers.” 2. *Sponsor:* Federal Energy Regulatory Commission. 3. *Control No:* 1902-0114. The Commission is now requesting that OMB approve and extend the expiration date for an additional three years with no changes to the existing collection. The information filed with the Commission is mandatory. 4. *Necessity of the Collection of Information:* Submission of the information is necessary to enable the Commission to carry out its responsibilities in implementing the statutory provisions of section 305 of the Federal Power Act, as amended by section 211 of the Public Utility Regulatory Policies Act of 1978. Submission of the list is necessary to fulfill the requirements of section 211-Interlocking Directorates, which defines monitoring and regulatory operations concerning interlocking directorate positions held by utility personnel and possible conflicts of interest. The information on facilities, who seek qualifying status for their facilities, to file the information is collected by the Commission to identify large purchasers of electric energy and possible conflicts of interest. Through this process, the Commission is able to review and exercise oversight of interlocking directorates of public utilities and their related activities. The Commission implements these requirements in the Code of Federal Regulations
(CFR)under 18 CFR part 46, Section 46.3. 5. *Respondent Description:* The respondent universe currently comprises 183 respondents (average) subject to the Commission's jurisdiction. 6. *Estimated Burden:* 1,098 total hours, 183 respondents (average per year), 1 response per respondent, and 6 hours per respondent (average). 7. *Estimated Cost Burden to Respondents:* 1,098 total hours/2080 hours per year × $108,558 per year = $57,306. The cost per respondent is $313. Statutory Authority: Section 305(c)(2)(D), 16 U.S.C. 825d. Magalie R. Salas, Secretary. [FR Doc. E5-1910 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER01-1403-002, ER01-2968-002, ER01-2968-003, ER01-845-001, ER01-845-002, ER04-366-002, ER04-372-002, ER99-2330-001, ER99-2330-002 and ER99-2330-004] Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, Joseph T. Kelliher, and Suedeen G. Kelly: FirstEnergy Operating Companies, FirstEnergy Solutions Corporation, FirstEnergy Generation Corporation, Jersey Central Power & Light Company, Metropolitan Edison Company, et al., FirstEnergy Corporation; Order Conditionally Accepting Updated Market Power Analysis and Providing Guidance on the Scope of Compliance Filings Issued April 14, 2005. 1. In this order, we accept an updated market power analysis filed by FirstEnergy Corporation and its subsidiaries, FirstEnergy Operating Companies (FirstEnergy Operating Companies), 1 FirstEnergy Solutions Corporation (FESolutions), FirstEnergy Generation Corporation (FEGeneration), Jersey Central Power & Light Company (JCP&L), and Metropolitan Edison Company *et al.* (MetEd) 2 (collectively, FirstEnergy Companies). As discussed below, we conclude that, subject to the Commission's acceptance of the compliance filing directed herein, FirstEnergy Companies satisfy the Commission's standards for market-based rate authority. This order benefits customers by reviewing the conditions under which market-based rate authority is granted, thus ensuring that the prices charged for jurisdictional sales are just and reasonable. FirstEnergy Companies' next updated market power analysis is due three years from the date of this order. 1 FirstEnergy Operating Companies consist of The Cleveland Electric Illuminating Company, Ohio Edison Company, Pennsylvania Power Company, and The Toledo Edison Company. 2 MetED consist of MetED and Pennsylvania Electric Company (Penelec). 2. In this order, we reject as outside the scope of FirstEnergy Companies' compliance filing certain proposed tariff revisions that FirstEnergy Companies included with their December 31, 2003 updated market power analysis. Background 3. FirstEnergy Operating Companies are public utilities that provide retail and wholesale electric service in areas of Ohio and Pennslyvania and are participants in the Midwest Independent Transmission System Operator (Midwest ISO) markets. JCP&L, MetEd and Penelec are public utilities that provide retail and wholesale electric service in areas of New Jersey and Pennsylvania and are located in the PJM Interconnection, LLC
(PJM)control area. FEGeneration is a stand-alone generation company that owns and/or operates electric generating facilities previously owned by FirstEnergy Operating Companies. FEGeneration also owns and operates approximately 1155 MW of new generation capacity that it has installed or acquired since 2000 and all of the power from those facilities is committed by contract for sale to FESolutions. All of the generating facilities owned and/or operated by FEGeneration are connected to either the Midwest ISO or the PJM transmission grid. FESolutions is a power marketer engaged in the sale of electricity at market-based rates to wholesale and retail customers throughout the eastern and midwestern United States in which retail access programs have been initiated. 4. On December 31, 2003 FirstEnergy Companies filed their triennial updated market power analysis pursuant to the Commission's order granting authority to sell electric energy and capacity at market-based rates. 3 This filing used the then applicable Supply Margin Assessment to assess generation market power. FirstEnergy Companies' December 31, 2003 Filing also included modifications to the market-based rate power sales tariffs of FirstEnergy Companies incorporating the Commission's market behavior rules. 4 3 FirstEnergy Operating Companies, Docket No. ER01-1403-000, Letter Order issued November 30, 2001; Cleveland Electric Illuminating Company, 76 FERC ¶ 61,346 (1996); Toledo Edison Company, 78 FERC ¶ 61,013 (1997); GPU Advanced Resources, Inc., 80 FERC ¶ 61,255 (1997); Jersey Central Power & Light Company, *et al.* , 82 FERC ¶ 61,023 (1998); FirstEnergy Services Corp., 94 FERC ¶ 61,052 (2001); FirstEnergy Solutions Corp., Docket No. ER01-2968-000, Letter Order issued October 24, 2001; FirstEnergy Generation Corporation, 94 FERC ¶ 61,177 (2001). 4 Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003). 5. As part of its December 31, 2003 Filing, FirstEnergy also included several changes to their market-based rate tariffs ( *e.g.* , revisions to the code of conduct and affiliate sales provisions). As discussed below, we reject these as beyond the scope of a previously-directed compliance filing. Furthermore, we put the industry on notice that, consistent with Commission precedent, any such market-based rate tariff revisions that are beyond the scope of Commission-directed compliance filings will be deemed automatically rejected at the time of filing. 6. In its December 31, 2003 Filing, FirstEnergy Companies also filed notices of cancellation for The Cleveland Electric Illuminating Company,
(CEI)and The Toledo Edison Company
(TE)stating that there are no sales of electricity currently being made pursuant to their tariffs as well as a notice of cancellation for JCP&L. FirstEnergy Companies stated that, as a result of commitments made by JCP&L at the time JCP&L, MetEd and Penelec were acquired by FirstEnergy Companies, JCP&L determined that it was desirable to sell power under a market-based power sales tariff separate from under which MetEd and Penelec sell power at market-based rates. 5 The notices of cancellation of JCP&L, CEI and TE were accepted for filing on February 26, 2004 in Docket No. ER04-363-000. 5 On December 31, 2003, as amended on February 12, 2004, JCP&L filed in, a separate proceeding, a market-based rate tariff. The Commission accepted this market-based rate tariff for filing on March 16, 2004. *Jersey Central Power & Light Co.* , Docket Nos. ER04-366-001 (unpublished letter order). Similarly, on March 16, 2004 the Commission accepted a market-based rate tariff of MetEd and Penelec for filing. *Metropolitan Edison Company, Pennsylvania Electric Company* , Docket Nos. ER04-372-000 and ER04-372-001 (unpublished letter order). 7. On February 7, 2005, FirstEnergy Companies submitted an updated generation market power analysis pursuant to the Commission's order issued on May 13, 2004. 6 The May 13 Order addressed the procedures for implementing the generation market power analysis announced on April 14, 2004 and clarified on July 8, 2004. 7 6 *Acadia Power Partners, LLC* , 107 FERC ¶ 61,168
(2004)(May 13 Order). On June 14, 2004, FirstEnergy Companies filed for clarification and/or rehearing of the May 13 Order. Specifically, FirstEnergy Companies argued that certain of its subsidiaries (JCP&L, MetEd, and Penelec) should not have been required to file a revised market power analysis pursuant to the May 13 Order. As described above, FirstEnergy Companies included all of its public utility subsidiaries, including JCP&L, MetEd, and Penelec, in its February 7, 2005 Market Power Update. 7 *AEP Power Marketing, Inc.* , 107 FERC ¶ 61,018 (April 14 Order), *order on reh'g* , 108 FERC ¶ 61,026
(2004)(July 8 Order). Notice of Filing 8. Notice of FirstEnergy Companies' updated generation market power analysis was published in the **Federal Register** 8 with interventions, comments, and protests due on or before February 28, 2005. None was filed. 8 70 FR 8357 (2005). Discussion Market-Based Rate Authorization 9. The Commission allows power sales at market-based rates if the seller and its affiliates do not have, or have adequately mitigated, market power in generation and transmission and cannot erect other barriers to entry. The Commission also considers whether there is evidence of affiliate abuse or reciprocal dealing. 9 9 See, *e.g.* , Progress Power Marketing, Inc., 76 FERC ¶ 61,155 at 61,919 (1996); Northwest Power Marketing Co., L.L.C., 75 FERC ¶ 61,281 at 61,899 (1996); accord Heartland Energy Services, Inc., 68 FERC ¶ 61,223 at 62,062-63 (1994). 10. As discussed below, the Commission concludes that, subject to the Commission's acceptance of the compliance filing directed herein, FirstEnergy Companies satisfy the Commission's standards for market-based rate authority. 10 10 Accordingly, the June 14, 2004 request for rehearing will be dismissed as moot. Generation Market Power 11. In the April 14 Order, the Commission adopted two indicative screens for assessing generation market power, the pivotal supplier screen and the wholesale market share screen. FirstEnergy Companies have prepared both the pivotal supplier and the wholesale market share screens for the Midwest ISO and PJM markets. 12. As the Commission noted in the April 14 Order, once Midwest ISO becomes a single market and performs functions such as a central commitment and dispatch with Commission-approved market monitoring and mitigation, Midwest ISO presumptively would be considered a single geographic market for purposes of our generation dominance screens. 11 The Commission has reviewed FirstEnergy companies' generation market power screen analyses for the Midwest ISO market and has determined that FirstEnergy Companies have passed the screens in that market. Accordingly, the Commission finds that FirstEnergy Companies satisfy the Commission's generation market power standard for the grant of market-based rate authority based on the Midwest ISO becoming a single market and performing these functions with Commission-approved market monitoring and mitigation. The Commission also finds that FirstEnergy Companies pass the Commission's screens for generation market power in the PJM market. Accordingly, the Commission finds that FirstEnergy Companies satisfy the Commission's generation market power standard for the grant of market-based rate authority. 11 Because the Midwest ISO became a single market and began performing the central commitment and dispatch functions with Commission-approved market monitoring and mitigation on April 1, 2005, we have used the Midwest ISO market as the geographic market for purposes of analyzing FirstEnergy Companies' generation market power screens. Transmission Market Power 13. When a transmission-owning public utility seeks market-based rate authority, the Commission has required the public utility to have an Open Access Transmission Tariff
(OATT)on file before granting such authorization. FirstEnergy Companies state that both the Midwest ISO and PJM are Commission-approved RTOs with OATTs on file with the Commission and are independent of all market participants, including FirstEnergy Companies. The Midwest ISO and PJM's control of transmission facilities owned by FirstEnergy Companies assures that the amount of transmission capacity over those facilities will be determined objectively and that transmission service is available to all potential transmission customers on a non-discriminatory basis. Based on FirstEnergy Companies' representations, we find that FirstEnergy Companies satisfy the Commission's transmission market power standard for the grant of market-based rate authority. Other Barriers to Entry 14. FirstEnergy Companies state that, at the time FirstEnergy Companies were originally authorized to sell power at market-based rates, the Commission concluded that they each lacked the ability to erect such barriers to entry. FirstEnergy Companies state that there has been no change in circumstances since those determinations were made that might warrant a different conclusion. Based on FirstEnergy Companies' representations, the Commission is satisfied that FirstEnergy Companies cannot erect barriers to entry. Affiliate Abuse 15. In its February 7, 2005 Filing, FirstEnergy Companies referred to their December 31, 2003 Updated Market Power Analysis Filing which they submit showed that FirstEnergy Companies had adopted codes of conduct designed to preclude affiliate abuse and reciprocal dealing. However, FirstEnergy Companies' December 31, 2003 Filing does not address the affiliate abuse prong of the Commission's market-based rate authorization. In that filing, FirstEnergy Companies state that they “(a)[do] not have market power in any relevant wholesale power market,
(b)[have] adequately mitigated potential transmission market power by transferring control over its transmission facilities to Commission-approved RTOs, and
(c)[lack] the ability to erect barriers to entry by potential competitors,” but make no reference to the affiliate abuse prong. 12 Accordingly, FirstEnergy Companies are directed, within 30 days of the date of issuance of this order, to submit a compliance filing to address the Commission's concerns with regard to affiliate abuse. 12 December 31, 2003 Updated Market Power Analysis, pp. 5-6. Reporting Requirements 16. Consistent with the procedures the Commission adopted in Order No. 2001, an entity with market-based rates must file electronically with the Commission an Electric Quarterly Report containing:
(1)A summary of the contractual terms and conditions in every effective service agreement for market-based power sales; and
(2)transaction information for effective short-term (less than one year) and long-term (one year or greater) market-based power sales during the most recent calendar quarter. 13 Electric Quarterly Reports must be filed quarterly no later than 30 days after the end of the reporting quarter. 14 13 Revised Public Utility Filing Requirements, Order No. 2001, 67 Fed. Reg. 31,043 (May 8, 2002), FERC Stats. & Regs. 31,127 (2002). Required data sets for contractual and transaction information are described in Attachments B and C of Order No. 2001. The Electric Quarterly Report must be submitted to the Commission using the EQR Submission System Software, which may be downloaded from the Commission's Web site at *http://www.ferc.gov/docs-filing/eqr.asp.* 14 The exact filing dates for these reports are prescribed in 18 C.F.R. § 35.10b (2004). Failure to file an Electric Quarterly Report (without appropriate request for extension), or failure to report an agreement in an Electric Quarterly Report, may result in forfeiture of market-based rate authority, requiring filing of a new application for market-based rate authority if the applicant wishes to resume making sales at market-based rates. 17. FirstEnergy Companies must timely report to the Commission any change in status that would reflect a departure from the characteristics the Commission relied upon in granting market-based rate authority. 15 Order No. 652 requires that the change in status reporting requirement be incorporated into the market-based rate tariff of each entity authorized to make sales at market-based rates. Accordingly, FirstEnergy Companies are required, within 30 days of the date of issuance of this order, to revise their market-based rate tariffs to incorporate the following provision: 15 Reporting Requirement for Changes in Status for Public Utilities with Market-Based Rate Authority, Order No. 652, 70 Fed. Reg. 8,253 (Feb. 18, 2005); FERC Stats. & Regs. ¶ 31,175 (2005). [Insert Market-based rate seller name] must timely report to the Commission any change in status that would reflect a departure from the characteristics the Commission relied upon in granting market-based rate authority. A change in status includes, but is not limited to, each of the following:
(i)ownership or control of generation or transmission facilities or inputs to electric power production other than fuel supplies, or
(ii)affiliation with any entity not disclosed in the application for market-based rate authority that owns or controls generation or transmission facilities or inputs to electric power production, or affiliation with any entity that has a franchised service area. Any change in status must be filed no later than 30 days after the change in status occurs. 18. FirstEnergy Companies are directed to file an updated market power analysis within three years of the date of this order, and every three years thereafter. The Commission also reserves the right to require such an analysis at any intervening time. Policy on Issues Outside the Scope of Market-Based Rate Tariff Compliance Filings 19. The filing of updated market power analyses pursuant to Commission orders, as well as the filing of revisions to the utility's market-based rate tariff to incorporate the Commission's market behavior rules, the change in status reporting requirement, and compliance with Order No. 614, constitute compliance filings. As stated above, in the December 31, 2003 Compliance Filing, FirstEnergy Companies provided an updated market power analysis pursuant to the Commission's orders granting them market-based rate authority as well as tariff revisions to incorporate the Commission's market behavior rules. However, FirstEnergy Companies also included in its compliance filing several other changes to their market-based rate tariffs that go beyond the scope of that compliance filing ( *e.g.* , revisions to the code of conduct and affiliate sales provisions). In this regard, we note that FirstEnergy Companies' transmittal fails to inform the Commission of those proposed changes. 20. The Commission has long established that compliance filings must be limited to the specific directives ordered by the Commission. The purpose of a compliance filing is to make the directed changes and the Commission's focus in reviewing them is whether they comply with the Commission's previously-stated directives. 16 In this instance, FirstEnergy Companies identified their December 31, 2003 Filing as a triennial updated market power analysis and stated that they had submitted this analysis pursuant to the various orders granting FirstEnergy Companies market-based rate authorization; however, they included with the updated market power analysis changes to their market-based rate tariffs not directed by the underlying orders. Therefore, the Commission will reject these proposed changes to the FirstEnergy Companies' market-based rate tariffs submitted with the December 31, 2003 Updated Market Power Analysis Filing as outside the scope of that compliance filing. We reaffirm that compliance filings must only provide the changes directed by the Commission. Accordingly, market-based rate tariff revisions that are beyond the scope of a Commission-directed compliance filing will be deemed automatically rejected at the time of filing. 16 Pacific Gas and Electric Company, 109 FERC ¶ 61,336 at P5 (2004); Midwest Independent Transmission System Operator, Inc., 99 FERC ¶ 61,302 at 62,264 (2002); ISO New England, Inc., 91 FERC ¶ 61,016 at 61,060 (2000); Sierra Pacific Power Company, 80 FERC ¶ 61,376 at 62,271 (1997); Delmarva Power & Light Company, 63 FERC ¶ 61,321 at 63,160 (1993). *The Commission orders:*
(A)FirstEnergy Companies' updated generation market power analysis is hereby accepted for filing, subject to Commission acceptance of the compliance filing directed in Ordering Paragraph (B), as discussed in the body of this order.
(B)FirstEnergy Companies are directed, within 30 days of the date of issuance of this order, to submit a compliance filing to address whether FirstEnergy Companies satisfy the Commission's concerns with regard to affiliate abuse, as discussed in the body of this order.
(C)FirstEnergy Companies' next updated market power analysis is due within three years of the date of this order.
(D)FirstEnergy Companies' revised tariff sheets ( *e.g.* revising the code of conduct and affiliate sales provision), with the exception of those discussed in Ordering Paragraph
(F)below, are rejected, as discussed in the body of this order.
(E)FirstEnergy Companies are directed, within 30 days of the date of issuance of this order, to revise their market-based rate tariffs to include the change in status reporting requirement adopted in Order No. 652.
(F)FirstEnergy Companies' revised tariff sheet(s) incorporating the Commission's market behavior rules are accepted for filing, effective December 17, 2003.
(G)FirstEnergy Companies' June, 2004, request for rehearing is dismissed as moot.
(H)The Secretary is hereby directed to publish a copy of this order in the **Federal Register** . By the Commission. Linda Mitry, Deputy Secretary. [FR Doc. E5-1918 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-93-000] PJM Industrial Customer Coalition, Complainant v. PJM Interconnection, L.L.C. and American Electric Power Service Corporation, Respondents; Notice of Complaint April 15, 2005. Take notice that on April 15, 2005, the PJM Industrial Customer Coalition filed a formal complaint against PJM Interconnection, L.L.C. and American Electric Power Service Corporation pursuant to sections 206 and 306 of the Federal Power Act and Rule 206 of the Commission's Rules of Practice and Procedure, alleging that Respondents' refusal to allow members of the PJM Industrial Customer Coalition, located in American Electric Power Service Corporation's service territory, to participate in PJM Interconnection, L.L.C.'s emergency and economic load response programs contravenes Respondents' obligations under the PJM open access transmission tariff. The PJM Industrial Customer Coalition certifies that copies of the complaint were served on the contacts for PJM Interconnection, L.L.C. and American Electric Power Service Corporation 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:* 5 p.m. eastern time on May 5, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-1898 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-62-001, et al.] PJM Interconnection, L.L.C., et al.; Electric Rate and Corporate Filings April 13, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. PJM Interconnection, L.L.C. [Docket No. EL05-62-001] Take notice that on March 28, 2005, PJM Interconnection, L.L.C. submitted a compliance filing pursuant to the Commission's order issued February 25, 2005 in Docket No. ER04-1003-002, *et al.,* 110 FERC ¶ 61,187 (2005). *Comment Date:* 5 p.m. Eastern Time on April 22, 2005. 2. California Independent System Operator Corporation [Docket Nos. ER03-218-006, ER03-219-006, EC03-81-003] Take notice that on April 6, 2005, the California Independent System Operator Corporation
(ISO)submitted a compliance filing pursuant to the Commission's order issued March 22, 2005 in Docket No. ER03-218-005, *et al.,* 110 FERC ¶ 61,297 (2005). The ISO states that the filing has been served on all parties on the official service list in these proceedings. In addition, the ISO states that the filing has been posted on the ISO home page. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 3. Midwest Independent Transmission System Operator, Inc.; Public Utilities with Grandfathered Agreements in the Midwest ISO Region [Docket Nos. ER04-691-034, EL04-104-032] Take notice that on April 6, 2005, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted revisions to the Midwest ISO's Open Access Transmission and Energy Markets Tariff in compliance with certain requirements in the Commission's March 16, 2005 Order in *Midwest Independent Transmission System Operator, Inc., et al.,* 110 FERC ¶ 61,289 (2005). The Midwest ISO has requested March 24, 2005 and April 1, 2005 effective dates for the tariff sheets submitted as part of this filing. 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, as well as all state commissions within the region. In addition, Midwest ISO states that the filing has been electronically posted on the Midwest ISO's Web site at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. Further, the Midwest ISO will provide hard copies to any interested parties upon request. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 4. JPMorgan Chase Bank, N.A. [Docket No. ER05-283-003] Take notice that on April 6, 2005, JPMorgan Chase Bank, N.A. (JPMCB) submitted a compliance filing pursuant to the Commission's letter order issued March 18, 2005 in JPMorgan Chase Bank, N.A., 110 FERC ¶ 61,292 (2005). *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 5. American Transmission Company LLC [Docket Nos. ER05-645-001, ER05-646-001] Take notice that on April 7, 2005, American Transmission Company, LLC (ATCLLC) filed requests to amend its February 24, 2005 filings submitting distribution-transmission interconnection agreements between ATCLLC and Black Earth Electric Utilities and Hartford Electric originally submitted in Docket Nos. ER05-645-000 and ER05-646-000, respectively. ATCLLC requests that the distribution-transmission interconnection agreements be accepted, subject to the outcome of the Commission's decision on the rehearing request filed by ATCLLC in Docket No. ER05-237-001, *et al.* *Comment Date:* 5 p.m. Eastern Time on April 22, 2005. 6. Wisconsin Electric Power Company [Docket No. ER05-760-001] Take notice that on April 6, 2005, Wisconsin Electric Power Company (Wisconsin Electric) tendered for filing an errata to its March 31, 2005 filing submitting Amendment No. 2 to the Joint Operating Agreement between Wisconsin Electric and Edison Sault Electric Company. Wisconsin Electric requests an effective date of April 1, 2005. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 7. California Independent System Operator Corporation [Docket No. ER05-784-000] Take notice that on April 6, 2005, the California Independent System Operator Corporation
(ISO)tendered for filing a Dynamic Scheduling Host Control Area Operating Agreement (DSHCAOA) between the ISO and British Columbia Transmission Corporation (BCTC). ISO states that the purpose of the DSHCAOA is to establish the framework of operating requirements for the dynamic scheduling functionality and to require the host control area responsible for the functionality to comply with the applicable provisions of the ISO tariff, including the ISO dynamic scheduling protocol. The ISO requests an effective date of April 8, 2005. The ISO states that the non-privileged elements of the filing have been served on BCTC, Powerex Corp., Bonneville Power Administration Transmission Business Line, the California Public Utilities Commission, and the California Electricity Oversight Board. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 8. California Independent System Operator Corporation [Docket No. ER05-785-000] Take notice that on April 6, 2005, the California Independent System Operator Corporation
(ISO)tendered for filing a letter agreement between the ISO and Bonneville Power Administration Transmission Business Line (BPAT). ISO states that the purpose of the letter agreement is to establish the framework of operating requirements for BPAT's role as an intermediary control area for dynamic scheduling functionality to the ISO control area and to require the ISO and BPAT to comply with the applicable provisions of their respective protocols, standards, and practices regarding dynamic scheduling. The ISO requests an effective date of April 8, 2005. The ISO states that the filing has been served on BPTA, Powerex Corp., British Columbia Transmission Corporation, the California Public Utilities Commission, and the California Electricity Oversight Board. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 9. California Independent System Operator Corporation [Docket No. ER05-786-000] Take notice that on April 6, 2005, the California Independent System Operator Corporation
(ISO)tendered for filing a Dynamic Scheduling Agreement for Scheduling Coordinators
(DSA)between the ISO and Powerex Corp. (Powerex). ISO states that the purpose of the DSA is to establish the framework of operating and scheduling requirements for the dynamic scheduling functionality and to require the Scheduling Coordinator responsible for operation of the functionality to comply with the applicable provisions of the ISO tariff, including the ISO dynamic scheduling protocol. The ISO requests an effective date of April 8, 2005. The ISO states that the filing has been served on Powerex, Bonneville Power Administration Transmission Business Line, British Columbia Transmission Corporation, the California Public Utilities Commission, and the California Electricity Oversight Board. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 10. Gulf States Wholesale Equity Partners II, LP [Docket No. ER05-787-000] Take notice that on April 6, 2005, Gulf States Wholesale Equity Partners II, LP filed a petition for approval of its 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. Gulf States Wholesale Equity Partners II, LP states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer and is not in the business of generating or transmitting electric power. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 11. American Electric Power Service Corporation [Docket No. ER05-788-000] Take notice that on April 6, 2005, the American Electric Power Service Corporation
(AEP)tendered for filing a Notice of Termination of an executed Interconnection and Operation Agreement between Indiana Michigan Power Company and Berrien Energy Center, LLC, designated as Service Agreement No. 522 under American Electric Power Operating Companies' Open Access Transmission Tariff. AEP requests an effective date of April 4, 2005. AEP states that a copy of the filing was served on Berrien Energy Center, LLC, Indiana Utility Regulatory Commission, and the Michigan Public Service Commission. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 12. Indeck Pepperell Power Associates, Inc. [Docket No. ER05-789-000] Take notice that on April 6, 2005, Black Hills Corporation, on behalf of its subsidiary Black Hills Pepperell Power Associates, LLC, formerly known as Indeck Pepperell Power Associates, Inc. (Pepperell) filed a notice of cancellation of Pepperell's market-based rate wholesale power sales tariff and all service agreements under the tariff. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. 13. El Segundo Power, LLC [Docket No. ER05-791-000] Take notice that on April 6, 2005, El Segundo Power, LLC (El Segundo) tendered for filing an amendment to Sheet Nos. 127 and 129 of its Rate Schedule FERC No. 2, Reliability Must-Run Service Agreement between El Segundo and the California Independent System Operator Corporation (CAISO). El Segundo requests an effective date of January 1, 2005 for Sheet No. 127 and May 1, 2005 for Sheet No. 129. El Segundo states that copies of the filing were served on the CAISO, Southern Edison Company, the California Electricity Oversight Board and the California Public Utilities Commission. *Comment Date:* 5 p.m. Eastern Time on April 27, 2005. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-1902 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-60-000, et al.] PJM Interconnection, L.L.C., et al.; Electric Rate and Corporate Filings April 15, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. PJM Interconnection, L.L.C. [Docket No. EL05-60-000] Take notice that on March 28, 2005, PJM Interconnection, L.L.C., submitted its response regarding the existing re-study provisions of the PJM Open Access Transmission Tariff pursuant to the Commission's February 10, 2005 Order in *PJM Interconnection, L.L.C.,* 110 FERC ¶ 61,099 (2005). *Comment Date:* 5 p.m. Eastern Time on May 6, 2005. 2. LG&E Energy Marketing Inc., Louisville Gas & Electric Company & Kentucky Utilities Company, WKE Station Two Inc., Western Kentucky Energy Corporation [Docket No. ER94-1188-035, ER98-4540-004, ER99-1623-004, ER98-1278-010, ER98-1279-006] Take notice that, on April 8, 2005 and April 13, 2005, LG&E Energy Marketing Inc., Louisville Gas & Electric Company, Kentucky Utilities Company, WKE Station Two Inc., and Western Kentucky Energy Corporation (collectively, the LG&E Parties) submitted responses to the Commission's March 8, 2005 deficiency letter seeking additional information regarding LG&E Parties' November 19, 2004 filing in these dockets. *Comment Date:* 5 p.m. Eastern Time on April 25, 2005. 3. Infinite Energy, Inc. [Docket No. ER97-3923-002] Take notice that on April 7, 2005, Infinite Energy, Inc. (Infinite) submitted for filing its triennial updated market analysis and revisions to its FERC Rate Schedule No. 1 to incorporate the Market Behavior Rules set forth in the Commission's orders in *Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations* , 105 FERC ¶ 61,218 (92003, *order on reh'g* , 107 FERC ¶ 61,175 (2004). Infinite states that the tariff has also been revised to reflect the requirements of Commission Order Nos. 614 and 652. Infinite requests an effective date of May 1, 2005. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 4. Spokane Energy, LLC [Docket No. ER98-4336-013] Take notice that on April 7, 2005, Spokane Energy, LLC submitted substitute tariff sheets to its April 4, 2005 filing in Docket No. ER98-4336-012 of proposed revisions to its First Revised Rate Schedule FERC No. 1. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 5. Madison Gas and Electric Company [Docket No. ER00-586-006] Take notice that on April 7, 2005, Madison Gas and Electric Company
(MGE)submitted a compliance filing pursuant to the Commission's order issued March 25, 2005 in *Madison Gas and Electric Company* , 110 FERC ¶ 61,347 (2005). *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 6. Cedar Brakes I, L.L.C. [Docket No. ER00-2885-005] Take notice that on April 7, 2005, Cedar Brakes I, L.L.C. filed Original Sheet No. 4 of its First Revised Rate Schedule FERC No. 1 to implement the requirements of Order No. 652, *Reporting Requirement 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 28, 2005. 7. Cedar Brakes II, L.L.C. [Docket No. ER01-2765-004] Take notice that on April 7, 2005, Cedar Brakes II, L.L.C., filed Original Sheet No. 4 of its First Revised Rate Schedule FERC No. 1 to implement the requirements of Order No. 652, *Reporting Requirement 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 28, 2005. 8. Mohawk River Funding IV, L.L.C. [Docket No. ER02-1582-003] Take notice that on April 7, 2005, Mohawk River Funding IV, L.L.C., filed Original Sheet No. 4 of its Second Revised Rate Schedule FERC No. 1 to implement the requirements of Order No. 652, *Reporting Requirement 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 28, 2005. 9. Cabazon Wind Partners, LLC; Rock River I, LLC; Whitewater Hill Wind Partners, LLC [Docket Nos. ER02-1695-001, ER01-2742-004, ER02-2309-001] Take notice that on April 5, 2005, Cabazon Wind Partners, LLC (Cabazon), Rock River I, LLC (Rock River), and Whitewater Hill Wind Partners, LLC (Whitewater) (collectively, Project Companies) submitted a notice of change in status describing a change in the upstream ownership of the Project Companies and a petition for acceptance of revised market-based rate tariffs. Each of the Project Companies revised its FERC Electric Tariff, Original Volume No. 1 to reflect a new issuing officer and to incorporate the Commission's reporting requirement for changes in status for public utilities with market-based rate authority. In addition, Cabazon and Whitewater revised their tariffs to include the Commission's Market Behavior Rules as Original Sheet Nos. 3 and 4. The Project Companies state that copies of the filing were served upon the Project Companies' jurisdictional customers, their respective state public service commissions, and persons listed on the official service lists compiled by the Secretary in the above-captioned dockets. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 10. Utility Contract Funding, L.L.C. [Docket No. ER02-2102-004] Take notice that on April 7, 2005, Utility Contract Funding, L.L.C. filed Original Sheet No. 4 of its Second Revised Rate Schedule FERC No. 1 to implement the requirements of Order No. 652, *Reporting Requirement 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 28, 2005. 11. Backbone Mountain Windpower, LLC; Badger Windpower, LLC; Bayswater Peaking Facility, LLC; Blythe Energy, LLC; Calhoun Power Company I, LLC; Doswell Limited Partnership; ESI Vansycle Partners, L.P.; Florida Power & Light Co.; FPL Energy Cape, LLC; FPL Energy Hancock County Wind, LLC; FPL Energy Maine Hydro, Inc.; FPL Energy Marcus Hook, L.P.; FPL Energy Mason, LLC; FPL Energy MH 50, LP; FPL Energy New Mexico Wind, LLC; FPL Energy Pennsylvania Wind, LLC; FPL Energy Power Marketing, Inc.; FPL Energy Seabrook, LLC; FPL Energy Vansycle, LLC; FPL Energy Wyman, LLC; FPL Energy Wyman IV, LLC; Gray County Wind Energy, LLC; Hawkeye Power Partners, LLC; High Winds, LLC; Jamaica Bay Peaking Facility, LLC; Lake Benton Power Partners II, LLC; Mill Run Windpower, LLC; Somerset Windpower, LLC; West Texas Wind Energy Partners, LP [Docket Nos. ER02-2559-004, ER01-1071-005, ER02-669-004, ER02-2018-004, ER01-2074-005, ER90-80-003, ER98-2494-006, ER97-3359-008, ER00-3068-005, ER03-34-004, ER98-3511-009, ER02-1903-003, ER98-3562-008, ER99-2917-007, ER03-179-004, ER02-2166-004, ER98-3566-012, ER02-1838-003, ER01-838-005, ER98-3563-009, ER98-3564-009, ER01-1972-005, ER98-2076-008, ER03-155-003, ER03-623-005, ER98-4222-004, ER01-1710-005, ER01-2139-006, ER98-1965-005] Take notice that on April 7, 2005, Backbone Mountain Windpower, LLC, Badger Windpower, LLC, Bayswater Peaking Facility, LLC, Blythe Energy, LLC, Calhoun Power Company I, LLC, Doswell Limited Partnership, ESI Vansycle Partners, L.P., Florida Power & Light Company, FPL Energy Cape, LLC, FPL Energy Hancock County Wind, LLC, FPL Energy Maine Hydro, Inc., FPL Energy Marcus Hook, L.P., FPL Energy Mason, LLC, FPL Energy MH 50, LP, FPL Energy New Mexico Wind, LLC, FPL Energy Pennsylvania Wind, LLC, FPL Energy Power Marketing, Inc., FPL Energy Rhode Island Energy, L.P., FPL Energy Seabrook, LLC, FPL Energy Vansycle, LLC, FPL Energy Wyman, LLC, FPL Energy Wyman IV, LLC, Gray County Wind Energy, LLC, Hawkeye Power Partners, LLC, High Winds, LLC, Jamaica Bay Peaking Facility, LLC, Lake Benton Power Partners II, LLC, Mill Run Windpower, LLC, Somerset Windpower, LLC, and West Texas Wind Energy Partners, LP (collectively, Applicants) submitted a revised market-based rate three-year update filing pursuant to the Commission Order Implementing New Generation Market Power Analysis and Mitigation Procedures, issued May 13, 2004 in Docket Nos. ER04-1406-001, * et al., * 107 FERC ¶ 61,168 (2004). Applicants state that the purpose of this filing is to correct certain data errors that have been identified since the compliance filing was submitted on December 22, 2004. Applicants state that copies of the filing were served on parties on the official service list in the above-captioned proceedings, the Florida Public Service Commission and the New Hampshire Public Utilities Commission. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 12. New York Independent System Operator, Inc. [Docket No. ER03-647-001] Take notice that on April 1, 2005, the New York Independent System Operator, Inc. submitted a compliance report on the status of resource adequacy markets group pursuant to the Commission's order issued October 7, 2004 in Docket No. ER03-647-005, 109 FERC ¶ 61,023 (2004). *Comment Date:* 5 p.m. Eastern Time on April 25, 2005. 13. NorthWestern Energy [Docket No. ER04-1106-003] Take notice that on April 7, 2005, NorthWestern submitted a compliance filing pursuant to the Commission's order issued March 8, 2005 in Docket No. ER04-1106-000, *et al.,* 110 FERC ¶ 61,264 (2005). *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 14. New Dominion Energy Cooperative [Docket No. ER05-20-002] Take notice that on April 7, 2005, New Dominion Energy Cooperative submitted a compliance filing pursuant to the Commission's order issued March 8, 2005 in Docket No. ER05-20-000, *et al.,* 110 FERC ¶ 61,275 (2005). *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 15. Georgia Energy Cooperative [Docket No. ER05-349-002] Take notice that on April 7, 2005, Georgia Energy Cooperative (An Electric Membership Corporation) submitted a compliance filing pursuant to the Commission's order issued March 24, 2005 in *Georgia Energy Cooperative* , 110 FERC ¶ 61,328 (2005). *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 16. Arroyo Energy LP [Docket No. ER05-375-002] Take notice that on April 7, 2005, Arroyo Energy LP filed Original Sheet No. 5 of its Rate Schedule FERC No. 1 to implement the requirements of Order No. 652, *Reporting Requirement 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 28, 2005. 17. Victoria International LTD [Docket No. ER05-757-001] Take notice that on April 7, 2005, Victoria International LTD.
(VIL)submitted Exhibit A and VIL's Electric Rate Schedule No. 1, which were inadvertently omitted from VIL's March 31, 2005 filing in Docket No. ER05-575-000. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 18. Pacific Gas and Electric Company [Docket No. ER05-790-000] Take notice that on April 7, 2005, Pacific Gas and Electric Company (PG&E) tendered for filing a Wholesale Distribution Tariff Service Agreement between PG&E and GPU Solar. PG&E states that copies of the filing have been e-served on GPU Solar, the California Independent System Operator Corporation and the California Public Utilities Commission. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 19. Southern California Edison Company [Docket No. ER05-792-000] Take notice that on April 7, 2005, Southern California Edison Company
(SCE)tendered for filing a Letter Agreement, Service Agreement No. 38 under SCE's Transmission Owner Tariff, FERC Electric Tariff, Second Revised Volume No. 6, between SCE and PPM Energy, Inc. (PPM). SCE states that copies of the filing were served on the Public Utilities Commission of the State of California and PPM. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 20. California Independent System Operator Corporation [Docket No. ER05-793-000] Take notice that on April 7, 2005, the California Independent System Operator Corporation (CAISO) 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). CAISO states that this provision requires the CAISO 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. CAISO 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 April 28, 2005. 21. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-794-000] Take notice that on April 7, 2005, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted revisions to the Midwest ISO's Open Access Transmission and Energy Markets Tariff, Attachment L Credit Policy. The Midwest ISO has requested April 8, 2005, effective date. The Midwest ISO states that it has electronically served a copy of this filing, with attachments, upon all Tariff Customers under the EMT, Midwest ISO Members, Member representatives of Transmission Owners and Non-Transmission Owners, the Midwest ISO Advisory Committee participants, as well as all state commissions within the region. Midwest further 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 will provide hard copies to any interested parties upon request. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 22. ISO New England Inc. [Docket No. ER05-795-000] Take notice that on April 7, 2005, ISO New England Inc.
(ISO)and the New England Power Pool (NEPOOL) jointly submitted a a package of proposed market changes to effectuate Phase I of the Ancillary Services Market project. The ISO and NEPOOL request an effective date on or before October 1, 2005. The ISO and NEPOOL state that copies of the filing were sent to the NEPOOL Participants and the New England state governors and regulatory commissions. *Comment Date:* 5 p.m. Eastern Time on April 28, 2005. 23. Midwest Independent Transmission System, Inc. [Docket No. ER05-813-000] Take notice that on April 5, 2005, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted a filing to confirm that the current version of the North American Electric Reliability Council's Transmission Loading Relief procedures are incorporated in Attachment Q of the Midwest ISO's Open Access Transmission Energy Markets Tariff, pursuant to the Commission's order issued March 30, 2005 in *North American Electric Reliability Council,* 110 FERC ¶ 61,288 (2005). *Comment Date:* 5 p.m. Eastern Time on April 26, 2005. 24. PJM Interconnection, L.L.C. [Docket No. ES05-28-000] Take notice that on April 8, 2005, PJM Interconnection, L.L.C.
(PJM)submitted an application pursuant to section 204 of the Federal Power Act. PJM is requesting that the Commission authorize the continued borrowing of funds from a long-term unsecured promissory note for a revolving line of credit to National Cooperative Services Corporation
(NCSC)in an amount not to exceed $50 million. PJM also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. *Comment Date:* 5 p.m. Eastern Time on April 20, 2005. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-1903 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-34-000] Columbia Gas Transmission Corporation; Notice Of Availability of the Environmental Assessment for the Proposed Line 1278 Replacement Project April 15, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) in cooperation with the National Park Service has prepared an environmental assessment
(EA)on the natural gas pipeline facilities proposed by Columbia Gas Transmission Corporation (Columbia) 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 effects of the proposed 43.4 miles of abandonment of Columbia's existing 14-inch-diameter pipeline, Line 1278, and its replacement with 20-inch-diameter pipeline in Northampton, Monroe, and Pike Counties, Pennsylvania mostly within Columbia's existing right-of-way. Columbia is under mandate from the United States Department of Transportation to replace deteriorated sections of its existing 14-inch-diameter Line 1278. The replacement would take place in two phases in 2005 and 2006. No volume increases are proposed. Columbia would also abandon and replace one 12-inch-diameter and eight 14-inch-diameter valve settings with 20-inch-diameter valve settings along the replaced pipeline. The existing 14-inch-diameter pig launcher presently located at the Easton Compressor Station would be removed and relocated to the northern terminus of the project at Columbia's Weber Road Lot for use on Line 1278 at the north end of the replacement in Pike County. A new 20-inch-diameter receiver and a 12-inch-diameter regulator setting would also be installed at the Weber Road Lot. 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; Delaware Water Gap National Recreation Area, River Road, Bushkill, PA 18324,
(570)588-2452. Copies of the EA have been mailed to Federal, State, and local agencies, public interest groups, interested individuals, libraries, 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: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of Gas 1, PJ-11.1; • Reference Docket No. CP04-34-000 • Mail your comments so that they will be received in Washington, DC on or before May 16, 2005. Please note that the Commission encourages electronic filing of comments. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Internet Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Prepare your submission in the same manner as you would if filing on paper and save it to a file on your hard drive. Before you can file comments you will need to create an account by clicking on “Login to File” and then “New User Account.” You will be asked to select the type of filing you are making. This filing is considered a “Comment on Filing.” 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
(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” ( *i.e.* , CP04-34) and follow the instructions. Searches may also be done using the phase “Line 1278 Replacement” in the “Text Search” field. For assistance with eLibrary, the eLibrary helpline can be reached at 1-866-208-3676, TTY
(202)502-8659 or at *ferconlinesupport@ferc.gov* . The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and 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. E5-1901 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 2403-048, 2534-068, 2666-023, 2712-055, and 2600-056] PPL Maine, LLC; Bangor-Pacific Hydro Associates; Notice of Availability of Final Environmental Assessment April 18, 2005. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission (Commission or FERC) regulations contained in the Code of Federal Regulations
(CFR)(18 CFR part 380 [FERC Order No. 486, 52 FR 47897]), the Office of Energy Projects staff (staff) reviewed the applications for amendment of licenses for the Veazie Project, which is located on the Penobscot River in Penobscot County, Maine; the Milford Project, which is located on the Penobscot River and Stillwater Branch in Penobscot County, Maine; the West Enfield Project which is located on the Penobscot River in Penobscot County, Maine; the Stillwater Project, which is located on the Stillwater Branch in Penobscot County, Maine; and the Medway Project, which is located on the West Branch Penobscot River in Penobscot County, Maine, and prepared a final environmental assessment
(FEA)for the projects. In this FEA, staff analyzes the potential environmental effects of the proposed license amendments and concludes that the amendments would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the FEA is available for review at the Commission in the Public Reference Room, or it may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the docket number (p-2403) in the docket number field to access the document. For assistance, call
(202)502-8222 or
(202)502-8659 (for TTY). Magalie R. Salas, Secretary. [FR Doc. E5-1907 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP04-395-000 and CP04-405-000] Vista del Sol LNG Terminal LP, Vista del Sol Pipeline LP; Notice of Availability of the Final Environmental Impact Statement for the Proposed Vista del Sol LNG Terminal Project April 15, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared a final Environmental Impact Statement
(EIS)for the construction and operation of a liquefied natural gas
(LNG)import terminal and natural gas pipeline facilities proposed by Vista del Sol LNG Terminal LP and Vista del Sol Pipeline LP (collectively referred to as Vista del Sol) in the above-referenced dockets. The final EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The staff concludes that approval of the proposed project with appropriate mitigating measures as recommended, would have limited adverse environmental impact. The final EIS also evaluates alternatives to the proposal, including system alternatives, alternative sites for the LNG import terminal, and pipeline alternatives. Vista del Sol's proposed facilities would transport up to 1.4 billion cubic feet per day
(Bcfd)of imported natural gas to the United States market. In order to provide LNG import, storage, and pipeline transportation services, Vista del Sol requests Commission authorization to construct, install, and operate an LNG terminal and natural gas pipeline facilities. The final EIS addresses the potential environmental effects of the construction and operation of the following LNG terminal and natural gas pipeline facilities: • A ship unloading facility with berthing capabilities for one LNG ship with cargo capacities of up to 250,000 cubic meters (m 3 ); • Three 155,000 m 3 full containment LNG storage tanks; • Vaporization equipment capable of an average sendout capacity of 1.1 Bcfd and a maximum sendout capacity of 1.4 Bcfd; • Ancillary utilities, buildings, and service facilities; • One 25.3 mile-long, 36-inch-diameter natural gas sendout pipeline; and • Associated pipeline support facilities, including six meter stations at interconnects with nine existing pipeline systems, one pig launcher, and one pig receiver. The final EIS has been placed in the public files of the FERC and is 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. A limited number of copies are available from the Public Reference Room identified above. In addition, copies of the final EIS have been mailed to Federal, State, and local agencies; public interest groups; individuals and affected landowners who requested a copy of the final EIS; libraries; newspapers; and parties to this proceeding. In accordance with the Council on Environmental Quality's
(CEQ)regulations implementing NEPA, no agency decision on a proposed action may be made until 30 days after the U.S. Environmental Protection Agency
(EPA)publishes a notice of availability of a final EIS. However, the CEQ regulations provide an exception to this rule when an agency decision is subject to a formal internal process that allows other agencies or the public to make their views known. In such cases, the agency decision may be made at the same time the notice of the final EIS is published, allowing both periods to run concurrently. Should the FERC issue Vista del Sol authorizations for the proposed project, it would be subject to a 30-day rehearing period. Therefore, the Commission could issue its decision concurrently with the EPA's notice of availability. 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 on the FERC Internet Web site 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 the eSubscription link on the FERC Internet Web site. Magalie R. Salas, Secretary. [FR Doc. E5-1896 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-73-000] Northern Natural Gas Company; Notice of Intent To Prepare an Environmental Assessment for the Proposed Waconia Pig Launcher Project and Request for Comments on Environmental Issues April 15, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment
(EA)on Northern Natural Gas Company's (Northern Natural) proposed Waconia Pig Launcher Project. Northern Natural's proposal involves construction and operation of two pig launchers at a site in Carver County, Minnesota. This notice announces the opening of the scoping process 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 May 16, 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; parties on the Commission's official service list for this proceeding; and local libraries and newspapers. State and local government representatives are asked to notify their constituents of this proposed 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 Northern Natural representative about the acquisition of an easement to construct, operate, and maintain the proposed facility. Northern Natural 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, Northern Natural 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 how to participate in the Commission's proceedings. Summary of the Proposed Project A pipeline “pig” is a device used to clean or inspect the inside of a pipeline. A pig launcher is an aboveground facility where pipeline pigs are inserted or retrieved from the pipeline. Northern Natural 1 seeks the authority to construct and operate two pig launchers and appurtenant equipment at a location where the Waconia Branchlines diverge from the Willmar Branchline, about 4 miles south-southwest of Waconia in Carver County, Minnesota. The proposed pig launchers would enable Northern Natural to insert internal inspection pigs into each of the branchlines in order to perform risk and integrity assessments. Northern Natural is required to conduct these studies to comply with the Pipeline Safety Improvement Act of 2002 and the Department of Transportation's Final Integrity Management Rule for High Consequence Areas. 1 Northern Natural's application was filed with the Commission under Section 7(c) of the Natural Gas Act and part 157 of the Commission's regulations. The Waconia Branchlines are two parallel pipelines, 6 and 8 inches in diameter, which carry natural gas between the Willmar Branchline and Waconia, Minnesota. An aboveground mainline valve is presently located at the site where the pig launchers would be installed. The general location of the project is 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 (map), 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 Additional Information section below. Copies of the appendices were sent to all those receiving this notice in the mail. Land Requirements About 1.43 acres of agricultural land ( *i.e.* , a parcel measuring 250 feet by 250 feet) would be disturbed during construction. Northern Natural's current easement for the valve site would need to be increased by about 0.08 acre (100 feet by 35 feet) to accommodate the proposed pig launcher. The EA Process We 3 are preparing the 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 and to ensure those issues and concerns are analyzed in the EA. 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 and reasonable alternatives. By this notice, we are requesting public comment on the scope of the issues to be addressed in the EA. All comments received will be considered during the preparation of the EA. To ensure your comments are considered, please carefully follow the instructions in the Public Participation section on the following page. 3 ”We,” “us,” and “our” refer to the environmental staff of the Office of Energy Projects. 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 on the next page. 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 those entities receiving this notice and any other interested parties identified during our review of Northern Natural's project. 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. 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, reasonable and practicable alternatives to the proposal (including alternative locations), 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. CP05-73-000; and • Mail your comments so that they will be received in Washington, DC on or before May 16, 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 official 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. 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. E5-1897 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 9185-009] Flambeau Hydro, LLC; Notice of Application Tendered for Filing With the Commission, Soliciting Additional Study Requests, and Establishing Procedural Schedule for Relicensing and a Deadline for Submission of Final Amendments April 15, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Subsequent License. b. *Project No.:* 9185-009. c. *Date Filed:* April 1, 2005. d. *Applicant:* Flambeau Hydro, LLC. e. *Name of Project:* Clam River Hydroelectric Project. f. *Location:* On the Clam River in Burnett County, near Danbury, Wisconsin. The project does not occupy Federal lands. g. *Filed Pursuant to* : Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Scott Klabunde, North American Hydro, Inc., P.O. Box 167, Neshkoro, WI 54960;
(920)293-4628, ext. 14. i. *FERC Contact:* Patrick Murphy,
(202)502-8755 or *patrick.murphy@ferc.gov.* j. *Cooperating agencies:* We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item l below. k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. *Deadline for filing additional study requests and requests for cooperating agency status:* May 31, 2005. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Additional study requests and requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. m. This application is not ready for environmental analysis at this time. n. *The existing Clam River Project consists of:*
(1)A 46-foot-high buttress type concrete dam concrete with a 54-foot-wide spillway with four sections, three sections equipped with 8-inch-high stoplogs, and one section equipped with a 4-foot-high slide gate;
(2)a 898-foot-long and a 223-foot-long earthen dike connecting the left side and the right side of the concrete dam, respectively;
(3)a 360-acre reservoir with a net storage capacity of 3,575 acre-feet with a water surface elevation of 898.9 feet msl;
(4)two powerhouses integral to the dam containing three turbine generating units with a total installed capacity of 1,200 kW;
(5)a 100-foot-long, 2.4-kilovolt transmission line; and
(6)appurtenant facilities. The applicant estimates that the total average annual generation would be 4,903 megawatthours. o. 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. p. With this notice, we are initiating consultation with the Wisconsin 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. q. Procedural schedule and final amendments: The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. Issue Acceptance or Deficiency Letter: May 2005. Issue Scoping Document: June 2005. Notice of application is ready for environmental analysis: September 2005. Notice of the availability of the EA: March 2006. Ready for Commission's decision on the application: May 2006. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Magalie R. Salas, Secretary. [FR Doc. E5-1895 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2586-024] Alabama Electric Cooperative, Inc.; Notice of Settlement Agreement and Soliciting Comments April 15, 2005. Take notice that the following settlement agreement has been filed with the Commission and is available for public inspection. a. *Type of Application:* Settlement agreement. b. *Project No.:* 2586-024. c. *Date Filed:* April 13, 2005. d. * Applicant:* Alabama Electric Cooperative, Inc. e. *Name of Project:* Conecuh River Project. f. *Location:* The Conecuh River Project is located on the Conecuh River in Covington County, Alabama. The project does not affect Federal lands. g. *Filed Pursuant to:* Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602. h. Alabama Electric Cooperative, Inc.
(AEC)filed a settlement agreement on behalf of itself and 5 other stakeholders. The purpose of the settlement agreement is to resolve, among the signatories, all issues related to AEC's pending Application for a New License for the Conecuh River Project. The settlement agreement provides measures for flows, lake levels, biological monitoring and adaptive management, water quality monitoring, and recreational access and development. Signatories to the settlement include AEC, Alabama Department of Conservation and Natural Resources, Alabama Rivers Alliance, Conecuh/Sepulga Watershed Alliance, Conecuh-Sepulga Clean Water Partnership, and the United States Fish and Wildlife Service. i. The settlement agreement is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov,* using the “e-Library” link. Enter the docket number, excluding the last three digits in the docket number field to access the documents. 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 (j). j. *Applicant Contact:* Mike Noel (Environmental contact) or Scott Wright (Engineering contact); Alabama Electric Cooperative, Inc.; 2027 East Three Notch Street, P.O. Box 550, Andalusia, AL 36420-0550 k. *FERC Contact:* Carolyn Holsopple at
(202)502-6407 or *carolyn.holsopple@ferc.gov.* l. *Deadline for Filing Comments:* The deadline for filing comments on the settlement agreement is 20 days from the date of this notice. The deadline for filing reply comments is 30 days from the 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 may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions of the Commission's Web site ( *http://www.ferc.gov* ) under the “e-filing” link. Register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E5-1900 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 11945-001] Symbiotics, LLC; Notice of Scoping Meetings, Site Visit, and Soliciting Scoping Comments April 18, 2005. Take notice that the following hydroelectric application has been filed with the Commission and are available for public inspection: a. *Type of Application:* Major License. b. *Project No.:* 11945-001. c. *Date filed:* June 30, 2004. d. *Applicant:* Symbiotics, LLC. e. *Name of Project:* Dorena Lake Dam Hydroelectric Project. f. *Location:* On the Row River, near the Town of Cottage Grove, Lane County, Oregon. The project would occupy less than 1 acre of federal lands administered by the U.S. Army Corps of Engineers. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Brent L. Smith, Symbiotics, LLC, PO Box 535, Rigby, Idaho 83442; telephone
(208)745-0834 or by e-mail at *bsmith@nwpwrservices.com* . i. *FERC Contact:* Dianne Rodman, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426; telephone
(202)502-6077 or by e-mail at *dianne.rodman@ferc.gov* . j. *Deadline for filing scoping comments:* May 16, 2005. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice and Procedure 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. Scoping comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site *http://www.ferc.gov* under the “e-Filing” link. k. This application is not ready for environmental analysis at this time. l. The proposed project would utilize the U.S. Army Corps of Engineers' existing Dorena Lake dam and reservoir, and would consist of the following facilities:
(1)A 9-foot-diameter steel pipe, about 350 feet long, extending from the reservoir through the north dam abutment;
(2)a new powerhouse, near the existing spillway stilling basin 250 feet downstream from the concrete section of the dam, having a total installed capacity of 8,300 kilowatts;
(3)a new concrete-lined channel discharging flows into the river channel immediately below the existing stilling basin;
(4)a new valve house near the existing stilling basin;
(5)a new 15-kilovolt underground transmission line, about 500 feet long; and
(6)appurtenant facilities. The average annual generation is estimated to be 17.5 gigawatthours. 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. *Scoping Process:* The Commission staff intends to prepare an Environmental Assessment
(EA)on the project in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action. Scoping Meetings Commission staff will conduct one daytime scoping meeting and one evening meeting. The daytime scoping meeting will focus on resource agency and non-governmental organization
(NGO)concerns, while the evening scoping meeting is primarily for public input. All interested individuals, NGOs, agencies, and tribes are invited to attend one or both of the meetings, and to assist the staff in identifying the scope of the environmental issues that should be analyzed in the EA. The times and locations of these meetings are as follows: Daytime Scoping Meeting Date: Thursday, May 5, 2005. Time: 2 PM (PDT). Place: Lane Community College. Address: Building 17, Room 308, 4000 East 30th Avenue, Eugene, Oregon. Evening Scoping Meeting Date: Thursday, May 5, 2005. Time: 7 PM (PDT). Place: Lane Community College. Address: Building 17, Room 308, 4000 East 30th Avenue, Eugene, Oregon. Copies of the Scoping Document
(SD1)outlining the subject areas to be addressed in the EA were distributed to the parties on the Commission's mailing list. Copies of the SD1 will be available at the scoping meetings or may be viewed on the Web at * http:// www.ferc.gov * using the “eLibrary” link (see item m above). Site Visit The Applicant and Commission staff will conduct a project site visit beginning at 9 a.m. on May 5, 2005. All interested individuals, NGOs, agencies, and tribes are invited to attend. All participants should meet at Schwarz Park, below the Dorena Lake dam. All participants are responsible for their own transportation to the site. Anyone with questions about the site visit should contact Dianne Rodman, Commission staff, at
(202)502-6077 or Brent Smith of Symbiotics at
(208)742-0834. Objectives At the scoping meetings, the staff will:
(1)Summarize the environmental issues tentatively identified for analysis in the EA;
(2)solicit from the meeting participants all available information, especially quantifiable data, on the resources at issue;
(3)encourage statements from experts and the public on issues that should be analyzed in the EA, including viewpoints in opposition to, or in support of, the staff(s preliminary views;
(4)determine the resource issues to be addressed in the EA; and
(5)identify those issues that require a detailed analysis, as well as those issues that do not require a detailed analysis. Procedures The meetings will be recorded by a stenographer and become part of the formal record of the Commission proceeding on the project. Individuals, NGOs, agencies, and tribes with environmental expertise and concerns are encouraged to attend the meetings and to assist the staff in defining and clarifying the issues to be addressed in the EA. Magalie R. Salas, Secretary. [FR Doc. E5-1909 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of FERC Commissioner and FERC Staff Attendance at Meeting of Southwest Power Pool Board of Directors and Members Committee, and Meeting of Southwest Power Pool Regional State Committee April 18, 2005. The Federal Energy Regulatory Commission hereby gives notice that Commissioners and members of its staff may attend the meeting of the Southwest Power Pool
(SPP)Board of Directors and Members Committee noted below, and the meeting of the SPP Regional State Committee noted below. Their attendance is part of the Commission's ongoing outreach efforts. SPP Regional State Committee Meeting—April 25, 2005, 1 p.m.-5 p.m. Crowne Plaza Austin Hotel, 500 North IH 35, Austin, TX 78701, 512-480-8181. SPP Board of Directors and Members Committee Meeting—April 26, 2005, 8 a.m.-2 p.m. Crowne Plaza Austin Hotel, 500 North IH 35, Austin, TX 78701, 512-480-8181. The discussions may address matters at issue in the following proceedings: Docket Nos. RT04-1-000 and ER04-48-000, *Southwest Power Pool, Inc.* Docket No. ER05-109-000, *Southwest Power Pool, Inc.* Docket No. ER05-652-000, *Southwest Power Pool, Inc.* Docket No. ER05-562, *Southwest Power Pool, Inc.* Docket No. ER05-666, *Southwest Power Pool, Inc.* Docket No. ER05-688, *Southwest Power Pool, Inc.* Docket No. EL05-52-000, *Entergy Services, Inc.* Docket No. ER05-576-000, *Southwest Power Pool, Inc.* These meetings are open to the public. For more information, contact Tony Ingram, Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission at
(501)614-4789 or *tony.ingram@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E5-1908 Filed 4-21-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [R06-OAR-2005-TX-0018; FRL-7902-7] Adequacy Status of Submitted State Implementation Plans
(SIP)for Transportation Conformity Purposes: MOBILE6 Motor Vehicle Emissions Budgets for the Houston-Galveston-Brazoria 1-Hour Ozone Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of adequacy determination. SUMMARY: In this notice, EPA is notifying the public that we have found the on-road motor vehicle emissions budgets contained in the revision to the Houston-Galveston-Brazoria severe 1-hour ozone nonattainment area attainment demonstration SIP adequate for transportation conformity purposes. As a result of our finding, the budgets from the submitted attainment demonstration SIP revision must be used for future conformity determinations in the Houston-Galveston-Brazoria area. DATES: These budgets are effective May 9, 2005. FOR FURTHER INFORMATION CONTACT: The essential information in this notice will be available at EPA's conformity Web site: *http://www.epa.gov/oms/transp/conform/adequacy.htm.* You may also contact Ms. Peggy Wade, Air Planning Section (6PD-L), U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone
(214)665-7247, E-mail address: *Wade.Peggy@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document “we,” “us,” and “our” refers to EPA. The word “budget(s)” refers to the mobile source emissions budget for volatile organic compounds
(VOCs)and the mobile source emissions budget for nitrogen oxides (NO <sup>X</sup> ). The word “SIP” in this document refers to the State Implementation Plan revision submitted to satisfy the commitment of the State of Texas to revise its mobile source budgets for the Houston-Galveston-Brazoria 1-hour ozone nonattainment area with MOBILE6. (MOBILE6 is the most recent emissions factor model, released by EPA on January 29, 2001.) In December 2004, we received the MOBILE6 SIP revision for the Houston-Galveston-Brazoria 8-county 1-hour ozone nonattainment area. There are two motor vehicle emissions budgets found in this plan for 2007. The emissions budget for VOCs is 89.99 tons/day; the NO <sup>X</sup> emissions budget is 186.13 tons/day. On January 12, 2005, the availability of these budgets was posted on EPA's Web site for the purpose of soliciting public comments. The comment period closed on February 11, 2005, and we received no comments. Today's notice is simply an announcement of a finding that we have already made. EPA Region 6 sent a letter to the Texas Commission on Environmental Quality on March 23, 2005, finding that the motor vehicle emissions budgets in the Houston-Galveston-Brazoria 8-county ozone nonattainment area are adequate and must be used for transportation conformity determinations. Transportation conformity is required by section 176(c) of the Clean Air Act. EPA's conformity rule, 40 CFR part 93, requires that transportation plans, programs and projects conform to SIPs and establishes the criteria and procedures for determining whether or not they do so. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the National Ambient Air Quality Standards. The criteria by which EPA determines whether a SIP's motor vehicle emission budgets are adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4). Please note that such an adequacy review is separate from EPA's completeness review, and it should not be used to prejudge EPA's ultimate approval of the SIP. Even if we find a budget adequate, the SIP could later be disapproved. Authority: 42 U.S.C. 7401 *et seq.* Dated: April 14, 2005. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. 05-8122 Filed 4-21-05; 8:45 am]
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Traces to 13 documents
U.S. Code
CFR
- Contents of the statement and procedures for filing.§ 46.6
- Form and style of rate schedules, tariffs and service agreements.§ 35.10
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Placement of securities.§ 34.2
- Filings and Other Submissions.§ 385.2001
- Intervention (Rule 214).§ 385.214
- Identification of historic properties.§ 800.4
- Submission of settlement offers (Rule 602).§ 385.602
register
5 references not yet in our index
- 18 CFR 46
- 70 FR 8
- 18 CFR 380
- 40 CFR 93
- 40 CFR 93.118(e)(4)
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Cite18 CFR 46
Fed. Reg.70 FR 8
Cite18 CFR 380
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