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Code · REGISTER · 2005-04-28 · DEPARTMENT OF ENERGY · Notices

Notices. Notice regarding within-the-scope determination

25,824 words·~117 min read·/register/2005/04/28/05-8529

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

BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-70-012] Algonquin Gas Transmission, LLC; Notice of Negotiated Rate April 20, 2005. Take notice that on April 14, 2005, Algonquin Gas Transmission, LLC (Algonquin) tendered for filing as a part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the tariff sheets on Appendix A to the filing, to become effective April 1, 2005. Algonquin states that the purpose of this filing is to implement the negotiated rate transactions for transportation service to be rendered to Consolidated Edison Company of New York, Inc. and Orange and Rockland Utilities, Inc.
Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2015 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-83-000] Aquila, Inc., Aquila Long Term, Inc., Aquila Merchant Services, Inc., Aquila Piatt County L.L.C., MEP Clarksdale Power, LLC, MEP Flora Power, LLC., MEP Investments, LLC, MEP Pleasant Hill Operating, LLC, and Pleasant Hill Marketing, LLC; Notice of Institution of Proceeding and Refund Effective Date April 19, 2005. On April 14, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-83-000 under section 206 of the Federal Power Act concerning the justness and reasonableness of the market-based rates of Aquila, Inc., and its affiliates, specified in the caption above, in the Missouri and Kansas control areas. *Aquila, Inc.,* 111 FERC ¶ 61,030 (2005). The refund effective date in Docket No. EL05-83-000, established pursuant to section 206 of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E5-2034 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP05-119-000, CP05-120-000, and CP05-121-000] Cameron LNG, LLC; Cameron Interstate Pipeline, LLC; Notice of Application April 20, 2005. Take notice that on April 11, 2005, Cameron LNG, LLC and Cameron Interstate Pipeline, LLC, 101 Ash Street, San Diego, CA 92101, filed in the above-referenced dockets, applications for:
(1)abandonment by intra-corporate transfer pursuant to section 7(b) of the Natural Gas Act of the pipeline certificates issued to Cameron LNG, LLC at Docket Nos. CP02-374-000, CP02-376-000 and CP02-377-000; and
(2)a certificate of public convenience and necessity under section 7(c) of the Natural Gas Act and Part 157, Subpart A of the Commission's regulations authorizing Cameron Interstate Pipeline to construct, own, operate, and maintain the pipeline facilities described therein. Cameron Interstate Pipeline also seeks
(a)a blanket certificate pursuant to Part 157, Subpart F of the Commission's regulations; and
(b)a blanket certificate pursuant to Part 284, Subpart G of the Commission's regulations. The applications are on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call
(202)502-3676 or TYY,
(202)502-8659. Any questions regarding the parties' application should be directed to: Carlos F. Pefia, Senior Regulatory Counsel, HQI3, 101 Ash Street, San Diego, CA, 92101; phone
(619)699-5037. Cameron LNG, LLC proposes to transfer development of the previously certificated interstate pipeline aspects of its project to Cameron Interstate Pipeline, LLC. The application states that there will be no change to the siting, operation and maintenance of the pipeline as previously certificated at Docket Nos. CP02-374-000, CP02-376-000 and CP02-377-000. 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 shown below. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “efiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. 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:* May 11, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-2017 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-122-000 and CP05-123-000] Cantera Gas Company and PVR Gas Pipeline, LLC; Notice of Application April 20, 2005. Take notice that Cantera Gas Company (Cantera) and PVR Gas Pipeline, LLC (PVR), 3 Radnor Corporate Center, Suite 230, 100 Matson Ford Road, Radnor, Pennsylvania, 19087, filed in Docket Nos. CP05-122-000 and CP05-123-000 on April 11, 2005, an application pursuant to sections 7(b) and 7
(c)of the Natural Gas Act
(NGA)and the Commission's Regulations, for authorization
(i)for Cantera to abandon its section 7
(c)certificate of public convenience and necessity and blanket certificate under Subpart F of Part 157 of the Commission's Regulations, and
(ii)to grant PVR a Section 7
(c)certificate of public convenience and necessity and a blanket certificate under Subpart F of Part 157 of the Commission's Regulations. The authorization is to effectuate Cantera's transfer of its sole 11-mile, 10-inch diameter pipeline, its sole jurisdictional facility, to its affiliate PVR, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may be also viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call
(202)502-8659 or TTY,
(202)208-3676. Any questions regarding this application should be directed to Randy Lentz, Penn Virginia Resource GP, LLC, the General Partner of Penn Virginia Resource Partners, L.P., 8080 North Central Expressway, Suite 900, Dallas, Texas 75206, at
(214)750-9223 or fax
(610)687-6388. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* May 11, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-2005 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-305-022] CenterPoint Energy—Mississippi River Transmission Corporation; Notice of Compliance Filing April 21, 2005. Take notice that on April 15, 2005, CenterPoint Energy—Mississippi River Transmission Corporation
(MRT)tendered for filing and approval an amendment to a negotiated rate agreement between MRT and Union Electric Company, d/b/a AmerenUE, to be effective May 1, 2005. MRT further states it also has submitted this agreement as a non-conforming agreement, to be included as part of its FERC Gas Tariff, Third Revised Volume No. 1, also to be effective May 1, 2005. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2022 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-180-001] Discovery Gas Transmission LLC; Notice of Compliance Filing April 21, 2005. Take notice that on April 15, 2005, Discovery Gas Transmission LLC (Discovery) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets, to be effective April 1, 2005: Substitute First Revised Sheet No. 143 Substitute Third Revised Sheet No. 144 Substitute First Revised Sheet No. 194 Discovery states that this filing is intended to comply with the Commission's Letter Order issued on March 31, 2005. Discovery further states that copies of the filing have been mailed to each of its customers, interested State Commissions and other interested persons. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2025 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-197-004] Dominion Cove Point LNG, LP; Notice of Compliance Filing April 21, 2005. Take notice that on April 18, 2005, Dominion Cove Point LNG, LP (Cove Point) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, 2004, Second Sub. Fourth Revised Sheet No. 10; and First Revised Sheet No. 75, to become effective April 1, 2004. Cove Point states that the sheets are being filed in compliance with the Commission's “Order on Compliance and Rehearing and Establishing Hearing” issued March 25, 2005, in the above captioned docket. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2024 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER05-658-000] Harvard Dedicated Energy Limited; Notice of Issuance of Order April 21, 2005. Harvard Dedicated Energy Limited
(HDEL)filed an application for market-based rate authority, with an accompanying rate tariff. The proposed rate tariff provides for the sales of capacity and energy at market-based rates. HDEL also requested waiver of various Commission regulations. In particular, HDEL requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by HDEL. On April 20, 2005, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under part 34. The Director's order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by HDEL should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest is May 20, 2005. Absent a request to be heard in opposition by the deadline above, HDEL is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of HDEL, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of HDEL's issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E5-2019 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-91-000] ISO New England Inc.; Notice of Institution of Proceeding and Refund Effective Date April 20, 2005. On April 19, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-91-000 under section 206 of the Federal Power Act concerning the continued justness and reasonableness of New England ISO's previously-accepted Schedule 3 for Reliability Administration Service. *ISO New England Inc.* 111 FERC ¶ 61,096 (2005). The refund effective date in Docket No. EL05-91-000, established pursuant to section 206 of the Federal Power Act, will be 60 days from the date of publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E5-2008 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-84-000] New York Independent System Operator, Inc.; Notice of Institution of Proceeding and Refund Effective Date April 19, 2005. On April 15, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-84-000 under section 206 of the Federal Power Act to determine whether the Tri-Lakes Agreement and a Conversion Agreement between Niagara Mohawk Power Corporation (Niagara Mohawk), the New York Power Authority and the Villages of Tupper Lake and Lake Placid, as well as the revisions to Niagara Mohawk's Rate Schedule 204 necessary to effectuate these agreements, should be filed under the New York Independent System Operator, Inc. tariff. 111 FERC ¶ 61,048 (2005). The refund effective date in Docket No. EL05-84-000, established pursuant to section 206 of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register.** Magalie R. Salas, Secretary. [FR Doc. E5-2029 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-84-000] New York Independent System Operator, Inc.; Notice of Institution of Proceeding and Refund Effective Date April 19, 2005. On April 15, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-84-000 under section 206 of the Federal Power Act to determine whether the Tri-Lakes Agreement and a Conversion Agreement between Niagara Mohawk Power Corporation (Niagara Mohawk), the New York Power Authority and the Villages of Tupper Lake and Lake Placid, as well as the revisions to Niagara Mohawk's Rate Schedule 204 necessary to effectuate these agreements, should be filed under the New York Independent System Operator, Inc. tariff. 111 FERC ¶ 61,048 (2005). The refund effective date in Docket No. EL05-84-000, established pursuant to section 206 of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E5-2031 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-271-000] Northern Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff April 20, 2005. Take notice that on April 14, 2005, Northern Natural Gas Company (Northern) tendered for filing to become part of its FERC Gas Tariff, Fifth Revised Volume No. 1, Tenth Revised Sheet No. 303, to be effective on May 15, 2005. Northern states that it is filing the above-referenced tariff sheet to incorporate additional types of permissible discounts in section 54(B) of the General Terms and Conditions of its Tariff. Northern further states that copies of the filing have been mailed to each of its customers and interested state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2016 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-398-015] Northern Natural Gas Company; Notice Of Compliance Filing April 21, 2005. Take notice that on April 19, 2005, Northern Natural Gas Company (Northern) tendered for filing to become part of Northern's FERC Gas Tariff, Fifth Revised Volume No. 1, Substitute Sixth Revised Sheet No. 297, with an effective date of December 30, 2004. Northern states it is filing the above-referenced tariff sheet in compliance with the Commission's March 25, 2005 Order. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2023 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-271-000] Northern Natural Gas Company; Notice of Tariff Filing April 21, 2005. Take notice that on April 14, 2005, Northern Natural Gas Company (Northern) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, Tenth Revised Sheet No. 303, with an effective date of May 15, 2005. Northern states that the filing is being made to incorporate additional types of permissible discounts in section 54(B) of the General Terms and Conditions of its Tariff. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2026 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-90-000] PJM Interconnection, L.L.C.; Notice of Institution of Proceeding and Refund Effective Date April 20, 2005. On April 19, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-90-000 under section 206 of the Federal Power Act to examine whether the interconnection portion of PJM Interconnection, L.L.C.'s
(PJM)open access transmission tariff
(OATT)needs to be modified to allow PJM to enter into conforming interconnection agreements. *PJM Interconnection, L.L.C.,* 111 FERC ¶ 61, 098 (2005). The refund effective date in Docket No. EL05-90-000, established pursuant to section 206 of the Federal Power Act, will be 60 days from the date of publication of this notice in the **Federal Register.** Magalie R. Salas, Secretary. [FR Doc. E5-2007 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-272-000] Questar Pipeline Company; Notice of Tariff Filing April 20, 2005. Take notice that on April 11, 2005, Questar Pipeline Company (Questar), tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, to be effective May 14, 2005: Tenth Revised Sheet No. 67 Second Revised Sheet No. 67A Ninth Revised Sheet No. 68 Fourth Revised Sheet No. 69 Questar states that, due to shipper inquiries regarding the section of Questar's tariff pertaining to the right of first refusal
(ROFR)for firm shippers, Questar has determined that further clarification of this section is necessary. Questar states that this filing proposes changes that restate concisely the scope of a shipper's ROFR and the procedure for exercising a shipper's ROFR. Questar further states that these changes are proposed in order to reduce or eliminate confusion on this issue. Questar states that copies of this filing were served upon Questar's customers, the Public Service Commission of Utah and the Public Service Commission of Wyoming. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas. Secretary. [FR Doc. E5-2004 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP01-205-007, RP01-205-006, and RP01-205-005] Southern Natural Gas Company; Notice of Amendment to Negotiated Rate Filings April 22, 2005. Take notice that on April 18, 2005, Southern Natural Gas Company (Southern) tendered for filing its Negotiated Rate Tariff Filing in Docket No. RP01-205-007 to reflect a name change for Lester PDC, LTD and to correct the backhaul rates shown on the First Revised Sheet Nos. 23N and 23O, which amends its filings in Docket Nos. RP01-205-005 and 006. Southern requests that the Commission grant such approval of the tariff sheets effective April 1, 2005 and March 1, 2005, respectively. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2049 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER05-687-000 and ER05-687-001] Total Gas & Electricity (PA), Inc.; Notice of Issuance of Order April 19, 2005. Total Gas & Electricity (PA), Inc. (TG&E PA) filed an application for market-based rate authority, with an accompanying rate tariff. The proposed rate tariff provides for the sales of capacity, energy, and ancillary services at market-based rates. TG&E PA also requested waiver of various Commission regulations. In particular, TG&E PA requested that the Commission grant blanket approval under 18 CFR part 34 of all future issuances of securities and assumptions of liability by TG&E PA. On April 14, 2005, pursuant to delegated authority, the Director, Division of Tariffs and Market Development—South, granted the request for blanket approval under part 34. The Director's order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by TG&E PA should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). Notice is hereby given that the deadline for filing motions to intervene or protest is May 16, 2005. Absent a request to be heard in opposition by the deadline above, TG&E PA is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of TG&E PA, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of TG&E PA's issuances of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E5-2030 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-276-000] Transcontinental Gas Pipe Line Corporation; Notice of Proposed Changes In FERC Gas Tariff April 22, 2005. Take notice that on April 20, 2005, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Fourth Revised Sheet No. 135F to be effective March 31, 2005. Transco states that the purpose of the instant filing is to revise section 8.2 of Rate Schedule WSS-Open Access by deleting Public Service Electric & Gas (PSE&G) from the list of buyers as a result of a permanent release of WSS-OA service effective March 31, 2005. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2048 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-87-000] Tucson Electric Power Company; Notice of Institution of Proceeding and Refund Effective Date April 19, 2005. On April 14, 2005, the Commission issued an order initiating a proceeding in Docket No. EL05-87-000 under section 206 of the Federal Power Act concerning the justness and reasonableness of Tucson Electric Power Company's market-based rates in the Tucson control area. *Tucson Electric Power Company* 111 FERC ¶61,037 (2005). The refund effective date in Docket No. EL05-87-000, established pursuant to section 206 of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E5-2032 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-275-000] Williston Basin Interstate Pipeline Company; Notice of Tariff Filing April 21, 2005. Take notice that on April 15, 2005, Williston Basin Interstate Pipeline Company (Williston Basin) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, Fifth Revised Sheet No. 293, to become effective May 15, 2005. Williston Basin states that it is proposing to revise its tariff language to define the timeline governing situations where no acceptable third party bids for released capacity are received during the right of first refusal process. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2018 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-273-000] Williston Basin Interstate Pipeline Company Notice of Proposed Changes in FERC Gas Tariff April 21, 2005. Take notice that on April 15, 2005, Williston Basin Interstate Pipeline Company (Williston Basin) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, to become effective April 15, 2005: Eighth Revised Sheet No. 373 Twelfth Revised Sheet No. 375 Williston Basin states that it has revised the above-referenced tariff sheets found in section 48 of the general terms and conditions of its FERC Gas Tariff, Second Revised Volume No. 1, to rename two existing receipt points: Point ID No. 00880 (Bowdoin Whitewater to Whitewater) in Williston Basin's Bowdoin Pool, and Point ID No. 04840 (Billy Creek Plant to Kinder Morgan-Billy Creek) in Williston Basin's Billy Creek Pool. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2027 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-274-000] Williston Basin Interstate Pipeline Company; Notice of Proposed Changes in FERC Gas Tariff April 21, 2005. Take notice that on April 15, 2005, Williston Basin Interstate Pipeline Company (Williston Basin) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, to become effective May 15, 2005: Twelfth Revised Sheet No. 206 Original Sheet No. 206A First Revised Sheet No. 207B Williston Basin states that it is proposing the tariff changes in order to provide additional flexibility for Williston Basin's shippers and potential shippers by allowing such shippers the opportunity to request additional or new discounted services in conjunction with the evening and/or intra-day nomination cycles. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2028 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-68-000, et al.] Tenaska Power Fund, L.P., et al.; Electric Rate and Corporate Filings April 19, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Tenaska Power Fund, L.P., TPF Calumet, LLC, Calumet Energy Team, LLC, CET Two, LLC [Docket No. EC05-68-000] Take notice that on April 14, 2005, Tenaska Power Fund, L.P. (Power Fund), TPF Calumet, LLC (TPF Calumet), Calumet Energy Team, LLC (CET), and CET Two, LLC (CET Two) (collectively, Applicants) tendered for filing with the Federal Energy Regulatory Commission pursuant to section 203 of the Federal Power Act and Part 33 of the Commission's regulations, an application authorizing TPF Calumet to purchase all of the membership interests in CET from CET Two. CET states it owns an approximately 300 MW electric generating facility located in Chicago, Illinois. Applicants request confidential treatment of certain parts of the Application. Applicants state that a copy of the filing was served on the Illinois Commerce Commission. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 2. Pinnacle West Energy Corporation; Arizona Public Service Company [Docket No. EC05-69-000] Take notice that on April 15, 2005, Pinnacle West Energy Corporation
(PWEC)and Arizona Public Service Company
(APS)filed with the Federal Energy Regulatory Commission an application pursuant to section 203 of the Federal Power Act for authorization of a disposition by PWEC and the acquisition by APS of jurisdictional facilities. Applicants states that it seeks authorization for the transfer, directly or indirectly, by PWEC to APS of certain jurisdictional facilities, specifically the step-up transformers, tie lines, switchyard and associated jurisdictional facilities of the following generating units: Saguaro Combustion Turbine Unit 3 located in Red Rock, Arizona; West Phoenix Combined Cycle Unit 4 located in Phoenix, Arizona; West Phoenix Combined Cycle Unit 5 located in Phoenix, Arizona; Redhawk Combined Cycle Unit 1 located in Arlington, Arizona; and Redhawk Combined Cycle Unit 2 located in Arlington, Arizona. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 3. FPL Energy Horse Hollow Wind, LP [Docket No. EG05-58-000] Take notice that on April 13, 2005, FPL Energy Horse Hollow Wind, LP (FPLE Horse Hollow), filed with the Federal Energy Regulatory Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. FPLE Horse Hollow states it will own an approximate wind-powered generating facility of up to 305 MW located in Taylor County, Texas. *Comment Date:* 5 p.m. eastern time on May 4, 2005. 4. San Joaquin Cogen, L.L.C. [Docket No. EG05-59-000] Take notice that on April 14, 2005, San Joaquin Cogen, L.L.C. (San Joaquin), filed with the Commission an application for prospective determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. San Joaquin states that it is a limited liability company, organized under the laws of the State of Delaware, and engaged directly and exclusively in owning and operating the San Juaquin Cogen, L.L.C. electric generating facility located in Lathrop, California, and selling electric energy at wholesale from the facility. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 5. Brascan Power Piney & Deep Creek LLC [Docket No. EG05-60-000] Take notice that on April 15, 2005, Brascan Power Piney & Deep Creek LLC (Brascan Power PDC) filed an application for a determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. Brascan Power PDC states that it is a Delaware limited liability company that will acquire and operate the Piney Hydroelectric Project (Project No. 309) and the Deep Creek Hydroelectric Project (formerly licensed by the Commission as Project No. 2370), from Reliant Energy Mid-Atlantic Power Holdings, LLC and Reliant Energy Maryland Holdings, LLC, respectively. *Comment date:* 5 p.m. eastern standard time on May 6, 2005. 6. Central Hudson Gas & Electric Corporation; Niagara Mohawk Power Corporation [Docket Nos. ER97-1523-084, OA97-470-076, ER97-4234-074, and OA96-194-012] Take notice that April 12, 2005, Niagara Mohawk Power Corporation, a National Grid Company, and the New York Independent System Operator, Inc. jointly submit this compliance filing pursuant to the Commission's Order Approving Uncontested Settlement Agreement issued on March 25, 2005 in the above-referenced proceedings. *Comment Date:* 5 p.m. eastern time on May 3, 2005. 7. Oklahoma Gas and Electric Company; OGE Energy Resources, Inc. [Docket Nos. ER98-511-004 and ER97-4345-016] Take notice that on April 11, 2005, Oklahoma Gas and Electric Company (OG&E) and OGE Energy Resources, Inc.
(OERI)submitted blacklined versions of the market-based rate tariffs of Oklahoma Gas and Electric Company (FERC Electric Tariff, First Revised Volume No. 3) and OGE Energy Resources, Inc. (Second Revised Rate Schedule FERC No. 1) originally filed on February 7, 2005 in Docket Nos. ER98-511-013 and ER97-4345-015. OG&E states that copies of the filing were served upon all parties in Docket Nos. ER98-511-000 and ER97-4345-000. *Comment Date:* 5 p.m. eastern time on May 2, 2005. 8. California Independent System Operator Corporation [Docket Nos. ER98-997-007, ER98-1309-006, ER02-2297-006, and ER02-2298-006] Take notice that, on April 12, 2005, the California Independent System Operator Corporation
(ISO)submitted a filing in compliance with the Commission's “order “ issued on February 11, 2005, in the above-identified dockets, 110 FERC ¶ 61,124. The ISO states that this filing has been served on all parties on the official service lists for the captioned dockets. In addition, the ISO is posting this filing on the ISO Home Page. *Comment Date:* 5 p.m. eastern time on May 3, 2005. 9. UGI Development Company [Docket No. ER99-2817-003] Take notice that on April 12, 2005, UGI Development Company filed its market-based rate update pursuant to the Commission's Order in *AEP Power Marketing, Inc. et al.,* 107 FERC ¶ 61,018 (2004). *Comment Date:* 5 p.m. eastern time on May 3, 2005. 10. Casco Bay Energy Company, LLC [Docket No. ER99-3822-006] Take notice that, on April 12, 2005, Casco Bay Energy Company, LLC submitted for filing revisions to its market-based rate tariff, designated as FERC Electric Tariff, Original Volume No. 1, to include the change in status reporting requirements adopted in *Reporting Requirement for Changes in Status for Public Utilities With Market-Based Rate Authority,* Order No. 652, 110 FERC ¶ 61,097 (2005). Casco Bay states that copies of the filing were served upon the parties on the official service list in the above-captioned proceeding. *Comment Date:* 5 p.m. eastern time on May 3, 2005. 11. Pinnacle West Capital Corporation; Arizona Public Service Company; Pinnacle West Energy Corporation; APS Energy Services Company, Inc. [Docket Nos. ER00-2268-011, EL05-10-003, ER99-4124-009, EL05-11-003, ER00-3312-010, EL05-12-003, ER99-4122-012, and EL05-13-003] Take notice that on April 11, 2005, Arizona Public Service Company
(APS)and Electrical District Number Seven of Maricopa County, Roosevelt Irrigation District, Buckeye Water Conservation and Drainage District, Maricopa County Municipal Water Conservation District Number One, Aguila Irrigation District, Harquahala Valley Power District, Electrical District Number Eight of Maricopa County, McMullen Valley Water Conservation and Drainage District, Tonopah Irrigation District, and Electrical District Number 6 of Pinal County (collectively the Majority Districts), submitted a Settlement Agreement in order to resolve issued raised by the Majority Districts concerning APS' market-based rates. *Comment Date:* 5 p.m. eastern time on May 2, 2005. 12. Otter Tail Power Company [Docket No. ER00-3080-002] Take notice that on April 11, 2005, Otter Tail Power Company (Otter Tail) submitted its updated market analysis as required by the Federal Energy Regulatory Commission's orders in *AEP Power Marketing, Inc.* 107 FERC ¶ 61,018, *order on reh'g,* 108 FERC ¶ 61,026 (2004). Otter Tail states that copies of the public version of this filing have been served on all parties to the proceeding captioned above, as well as the state commissions of Minnesota, North Dakota, and South Dakota. *Comment Date:* 5 p.m. eastern time on May 2, 2005. 13. Mill Run Windpower, LLC [Docket Nos. ER01-1710-005 and ER05-660-001] Take notice that on April 15, 2005, Mill Run Windpower, LLC (Mill Run) filed a supplement to its February 28, 2005 filing in Docket Nos. ER01-1710-004 and ER05-660-000. Mill Run states that copies of the filing were served on parties on the official service lists for Docket Nos. ER01-1710 and ER05-660 and on the Florida Public Service Commission. *Comment Date:* 5 p.m. eastern time on April 22, 2005. 14. Somerset Windpower, LLC [Docket Nos. ER01-2139-006 and ER05-661-001] Take notice that, on April 15, 2005, Somerset Windpower, LLC (Mill Run) filed a supplement to its February 28, 2005 filing in Docket Nos. ER01-2139-005 and ER05-661-000. Mill Run states that copies of the filing were served on parties on the official service list for Docket Nos. ER01-2139 and ER05-661 and on the Florida Public Service Commission. *Comment Date:* 5 p.m. eastern time on April 22, 2005. 15. Ontario Energy Trading International Corp. [Docket No. ER02-1021-004] Take notice that on April 11, 2005, Ontario Energy Trading International Corp. (Ontario Energy) submitted a compliance filing pursuant to the Commission's new interim generation market power screens issued on April 14, 2004 in *AEP Power Marketing Inc., et al.,* 107 FERC ¶ 61,018 (2004), *order on reh'g.,* 108 FERC ¶ 61,026 (2004). Ontario Energy states that copies of the filing were served on parties on the official service list in Docket No. ER02-1021-000. *Comment Date:* 5 p.m. eastern time on May 2, 2005. 16. Entergy Services, Inc. [Docket No. ER03-811-003] Take notice that on April 12, 2005, Entergy Services, Inc., on behalf of Entergy Louisiana, Inc., tendered for filing with the Federal Energy Regulatory Commission, a compliance Interconnection and Operating Agreement with Occidental Chemical Corporation in response to the Commission's December 22, 2004, order in *Entergy Services, Inc.,* 109 FERC ¶ 61,342 (2004), *reh'g denied,* 110 FERC ¶ 61,365 (2005). *Comment Date:* 5 p.m. eastern time on May 3, 2005. 17. California Independent System Operator Corporation [Docket No. ER05-416-004] Take notice that, on April 12, 2005, the California Independent System Operator Corporation
(ISO)submitted an informational filing regarding to the ISO's updated transmission Access Charge rates effective as of January 1, 2005. The ISO states that this filing has been served upon the Public Utilities Commission of the State of California, the California Energy Commission, the California Electricity Oversight Board, the Participating Transmission Owners, and upon all parties with effective Scheduling Coordinator Service Agreements under the ISO Tariff. In addition, ISO states it is posting the filing on the ISO Home Page. *Comment Date:* 5 p.m. eastern time on May 3, 2005. 18. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-579-000] Take notice that on April 8, 2005 Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing a withdrawal of its February 15, 2005 filing of Amendment No. 1 to the Generation-Transmission Interconnection Agreement among Wisconsin Electric Power Company, the Midwest ISO and American Transmission Company LLC for the Elm Road Generating Facility. Midwest ISO states that it has served the foregoing document upon each person designated on the official service list compiled by the Secretary in the above-captioned proceeding. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 19. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-590-000] Take notice that on April 8, 2005, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing a withdrawal of its February 16, 2005 filing of Amendment No. 1 to the Generation-Transmission Interconnection Agreement among Wisconsin Electric Power Company, the Midwest ISO and American Transmission Company LLC for the Port Washington Generating Facility. Midwest ISO states that it has served the foregoing document upon each person designated on the official service list compiled by the Secretary in the above-captioned proceeding. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 20. Gexa Energy LLC [Docket No. ER05-714-001] Take notice that on April 8, 2005, Gexa Energy LLC (Gexa), filed an amendment to its March 21, 2005 petition requesting Commission acceptance of Gexa's Rate Schedule FERC No. 1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. *Comment Date:* 5 p.m eastern time on April 29, 2005. 21. ISO New England Inc. [Docket No. ER05-767-001] Take notice that on April 15, 2005, ISO New England Inc. (the ISO) submitted for filing a motion for expedited consideration and to revise the effective date requested in the Amendments to Appendix A of Market Rule 1 Regarding Reference Price Calculations, filed in this proceeding jointly by the ISO and the New England Power Pool Participants Committee on April 1, 2005. *Comment Date:* 5 p.m. eastern time on April 22, 2005. 22. California Independent System Operator Corporation [Docket No. ER05-796-000] Take notice that on April 8, 2005, the California Independent System Operator Corporation
(ISO)tendered for filing an amendment to the ISO Tariff (Amendment No. 67) for acceptance by the Commission. The ISO states that the purpose of Amendment No. 67 is to revise the ISO Tariff provisions concerning the deadline for submitting supplemental energy bids to the CAISO, to provide for a deadline of 62 minutes prior to the operating hour rather than 60 minutes prior to the operating hour as currently stated in the ISO Tariff. The ISO requests an effective date of April 9, 2005. The ISO states that this filing has been served on the California Public Utilities Commission, the California Energy Commission, the California Electricity Oversight Board, all parties with effective Scheduling Coordinator Service Agreements under the ISO Tariff, and all parties in Docket No. EL04-132. In addition, the ISO states that it has posted the filing on its Web site. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 23. Orange and Rockland Utilities, Inc. [Docket No. ER05-797-000] Take notice that on April 8, 2005, Orange and Rockland Utilities, Inc. (O&R) tendered for filing an amendment to its open access transmission tariff, FERC Electric Tariff, Original Volume No. 3. O&R states that the filing proposes a surcharge mechanism applicable to costs associated with the undergrounding of existing transmission facilities at the request or requirement of municipal governmental authorities. O&R requests an effective date of May 1, 2005. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 24. Virtual Energy, Inc. [Docket No. ER05-798-000] Take notice that on April 8, 2005, Virtual Energy, Inc. (Virtual Energy) petitioned the Commission for acceptance of Virtual Energy, Inc. Rate Schedule FERC No. 1, under which Virtual Energy will engage in wholesale electric power and energy transactions as a marketer; the granting of certain blanket approvals, including the authority to sell electricity at market based rates; and the waiver of certain Commission regulations. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 25. Southwest Power Pool, Inc. [Docket No. ER05-799-000] Take notice that on April 8, 2005, Southwest Power Pool, Inc.
(SPP)submitted for filing a partially executed service agreement for network integration transmission service (service agreement) between SPP and Oklahoma Municipal Power Authority (OMPA), as well as an executed Network Operating Agreement
(NOA)between SPP, OMPA and Oklahoma Gas and Electric Company (OKGE). SPP requests an effective date of April 1, 2005. SPP states that both OMPA and OKGE were served with a copy of this filing. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 26. Mirabito Gas & Electric, Inc. [Docket No. ER05-800-000] Take notice that on April 8, 2005, Mirabito Gas & Electric, Inc. (Marabito) filed a Notice of Cancellation of its market-based rate authority in Docket No. ER00-3717-000, effective December 8, 2000. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 27. Naniwa Energy LLC [Docket No. ER05-801-000] Take notice that on April 8, 2005, Naniwa Energy LLC (Naniwa) submitted Notices of Cancellation of Service Agreement Nos. 1 and 2 under Naniwa's FERC Electric Tariff, Original Volume No. 1, effective July 20, 2004. Naniwa states that all consents have been obtained for such cancellation and that a copy of this filing has been served upon the customers under the service agreements. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 28. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-802-000] Take notice that on April 8, 2005, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted, pursuant to section 205 of the Federal Power Act, revisions to the Midwest ISO's open access transmission and energy markets tariff to address several issues related to financial transmission rights. The Midwest ISO requests and effective date of May 6, 2005. The Midwest ISO has requested waiver of the service requirements set forth in 18 CFR § 385.2010. 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. In addition, the Midwest ISO states that the filing has been electronically posted on the Midwest ISO's Web site at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. The Midwest ISO further states that it will provide hard copies to any interested parties upon request. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 29. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-803-000] Take notice that, on April 8, 2005, the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted proposed revisions to Attachment H-1 (Index of Interconnection Agreement Customers) of its energy markets tariff to reflect the addition of an interconnection agreement to be executed between Indiana & Michigan, Northern Indiana Public Service Company, PJM Interconnection, Inc. and the Midwest ISO as Service Agreement No. 1524 in compliance with the Commission's March 9, 2005 *Order Conditionally Accepting Filing and Instituting section 206 Proceeding,* 110 FERC ¶ 61,276 (2005). The Midwest ISO states that copies of the filing were served on parties on the official service list in Docket Nos. ER05-31-000 and EL05-70-000. In addition, the Midwest ISO states that it has served a copy of this filing electronically, including 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. The Midwest ISO further states that the filing has also been posted electronically 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. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 30. Southern California Edison Company [Docket No. ER05-804-000] Take notice that on April 8, 2005, Southern California Edison Company
(SCE)submitted for filing an Interconnection Facilities Agreement (Interconnection Agreement), Service Agreement No. 137 under SCE's Wholesale Distribution Access Tariff (WDAT), FERC Electric Tariff, First Revised Volume No. 5, and an associated Service Agreement for Wholesale Distribution Service (WDAT Service Agreement), Service Agreement No. 138 under the WDAT, between SCE and the City of Moreno Valley (Moreno Valley). SCE states that the purpose of the Interconnection Agreement and the WDAT Service Agreement is to specify the terms and conditions under which SCE will provide Wholesale Distribution Service from the California Independent System Operator Controlled Grid at SCE's Valley Substation to a new Moreno Valley 12 kV interconnection at Moreno Valley owned property located on the southwest corner of Cottonwood Avenue and Redlands Boulevard in Riverside County, California. SCE states that copies of the filing were served upon the Public Utilities Commission of the State of California and Moreno Valley. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 31. Westar Energy, Inc. [Docket No. ER05-805-000] Take notice that on April 8, 2005, Westar Energy, Inc. (Westar) submitted for filing a Notice of Cancellation for Rate Schedule FERC No. 230, an Electric Power Supply Agreement between Westar and the City of Enterprise, Kansas. Westar states that copies of the filing were served upon the Kansas Corporation Commission and the City of Enterprise, Kansas. *Comment Date:* 5 p.m. eastern time on April 29, 2005. 32. Westar Energy, Inc. [Docket No. ER05-806-000] Take notice that on April 11, 2005, Kansas Gas and Electric Company and Westar Energy, Inc. (collectively Westar Energy) submitted for filing a Notice of Cancellation for Rate Schedules FERC Nos. 193, 195, 196, 197 and 198, Generating Municipal Electric Service Agreements between Westar Energy and the City of Burlington, Kansas; City of Mulvane, Kansas; City of Neodesha, Kansas; City of Wellington, Kansas and the City of Winfield, Kansas. Westar Energy states that copies of the filing were served upon the City of Burlington, Kansas; City of Mulvane, Kansas, City of Neodesha, Kansas, City of Wellington, Kansas; City of Winfield, Kansas and the Kansas Corporation Commission. *Comment Date:* 5 p.m. eastern time on May 2, 2005. 33. Pacific Gas and Electric Company [Docket No. ER05-807-000] Take notice that on April 11, 2005, Pacific Gas and Electric Company (PG&E) tendered for filing a Generator Special Facilities Agreement (GSFA), and Generator Interconnection Agreement
(GIA)between PG&E and Diablo Winds, LLC (Diablo Winds) (collectively, Parties). PG&E states that the GSFA permits PG&E to recover the ongoing costs associated with owning, operating and maintaining the Special Facilities for the Parties. PG&E states that the GIA provides terms and conditions for billing, operation, maintenance and metering. PG&E further states that as detailed in the GSFA, PG&E proposes to charge Diablo Winds a monthly Cost-of-Ownership Charge equal to the rate for transmission-level, customer-financed facilities. PG&E states that copies of this filing have been served upon Diablo Winds, California Independent System Operator Corporation and the California Public Utilities Commission. *Comment Date:* 5 p.m. eastern time on May 2, 2005. 34. Eagle Point Cogeneration Partnership [Docket No. ER05-808-000] Take notice that on April 11, 2005, pursuant to section 35.15, 18 CFR 35.15 (2004), of the Commission's Regulations, Eagle Point Cogeneration Partnership (Eagle Point) filed with the Commission a Notice of Cancellation of market-based rate authority under the applicant's FERC Electric Tariff, Revised Volume No. 1. Eagle Point requests an effective date of April 11, 2005. *Comment Date:* 5 p.m. eastern time on May 2, 2005. 35. Midwest Independent Transmission [Docket No. ER05-809-000] Take notice that on April 12, 2005 the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted, pursuant to section 205 of the Federal Power Act, revisions to section 7 (Billing and Payments; Defaults and Remedies) and Attachment L (Credit Policy) of the Midwest ISO's Open Access Transmission and Energy Markets Tariff. The Midwest ISO has requested June 11, 2005 as the effective date for the tariff sheets submitted as part of this filing. *Comment Date:* 5 p.m. eastern time on May 3, 2005. 36. UGI Energy Services, Inc. [Docket No. ER05-810-000] Take notice that on April 12, 2005, UGI Energy Services, Inc. filed a wholesale power sales tariff to sell capacity, energy, and certain ancillary services at market-based rates. *Comment Date:* 5 p.m. eastern time on May 3, 2005. 37. New England Power Pool; ISO New England Inc. [Docket Nos. ER05-811-000 and PL05-3-000] Take notice that on April 12, 2005, ISO New England Inc. (the ISO) and the New England Power Pool (NEPOOL) Participants Committee jointly filed for acceptance amendments (the Amendments) to the ISO Financial Assurance Policy for Market Participants, the ISO Financial Assurance Policy for Non-Market Participant Transmission Customers, and the ISO Financial Assurance Policy for Non-Market Participant FTR Customers and Non-Market Participant Demand Response Providers, which are, respectively, Exhibits 1A, 1B & 1C to Section I of the ISO Transmission, Markets and Services Tariff. A June 1, 2005 effective date for the filed changes is requested. The ISO states that they also filed the Amendments as an update to its prior compliance filing in Docket No. PL05-3-000. NEPOOL and the ISO state that copies of these materials were sent to the New England state governors and regulatory commissions and all customers under the ISO Transmission, Markets and Services Tariff. *Comment Date:* 5 p.m. eastern time on May 3, 2005. 38. Consolidated Edison Company of New York, Inc. [Docket No. ER05-812-000] Take notice that on April 12, 2005, Consolidated Edison Company of New York, Inc. (Con Edison) tendered for filing amendments to Con Edison's Delivery Rate Schedule No. 96 (PASNY Tariff) and Economic Development Delivery Service Rate Schedule No. 92 (EDDS Tariff). Con Edison states that the filing proposes to revise the rates, terms, and conditions for delivery services that Con Edison provides under contracts with the New York Power Authority, the County of Westchester Public Utility Service Agency, and the New York City Public Utility Service. Con Edison requests that the proposed amendments be made effective on April 1, 2005. *Comment Date:* 5 p.m. eastern time on May 3, 2005. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2035 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER01-1527-006, et al.] Sierra Pacific Power Company, et al.; Electric Rate and Corporate Filings April 20, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Sierra Pacific Power Company; Nevada Power Company [Docket Nos. ER01-1527-006 and ER01-1529-006] Take notice that on March 3, 2005, Sierra Pacific Power Company and Nevada Power Company (collectively, Sierra) submitted a response to recent Commission staff inquiries regarding Sierra's triennial market power study filed October 28, 2004, as supplemented on November 12, 2004. *Comment Date:* 5 p.m. eastern time on May 2, 2005. 2. Somerset Windpower, LLC [Docket Nos. ER01-2139-006 and ER05-661-001] Take notice that, on April 15, 2005, Somerset Windpower, LLC (Somerset) filed a supplement to its February 28, 2005 filing in Docket Nos. ER01-2139-005 and ER05-661-000. Somerset states that copies of the filing were served on parties on the official service list for Docket Nos. ER01-2139 and ER05-661 and on the Florida Public Service Commission. *Comment Date:* 5 p.m. eastern time on April 22, 2005. 3. Midwest Independent Transmission System Operator, Inc. [Docket Nos. ER04-691-035 and EL04-104-033] Take notice that on April 14, 2005 the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted its errata filing to its April 6, 2005 filing in Docket Nos. ER04-691-034 and EL04-104-032. The Midwest ISO requests an effective date of April 1, 2005 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, the Midwest ISO states that the filing has been electronically posted on the Midwest ISO's Web site at *http://www.midwestiso.org* under the heading “Filings to FERC” for other interested parties in this matter. The Midwest ISO indicates that it will provide hard copies to any interested parties upon request. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 4. Georgia Power Company [Docket Nos. ER05-282-001 and ER04-939-002] Take notice that on April 14, 2005, Georgia Power Company (Georgia Power) resubmitted the Control Area Compact by and among Georgia Power Company, Oglethorpe Power Corporation, and Georgia System Operations Corporation (Control Area Compact), accepted by the Commission's letter order issued January 27, 2005 in the above captioned dockets, to reflect a rate schedule designation and other information in accordance with section 35.9 of the Commission's regulations, 18 CFR 35.9 (2004). Georgia Power Company also submitted a Notice of Termination of the Revised and Restated Coordination Services Agreement Between and Among Georgia Power Company, Oglethorpe Power Corporation, and Georgia System Operations Corporation, which has been supplanted by the Control Area Compact. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 5. Saracen Energy LP [Docket No. ER05-493-001] Take notice that on April 14, 2005, Saracen Energy LP (Saracen Energy) submitted a compliance filing pursuant to the Commission's March 24, 2005 order in this proceeding, 110 FERC ¶ 61,332 (2005). Saracen Energy states that the compliance filing consists of an amendment to Saracen Energy's Rate Schedule FERC No. 1 to reflect the change-in-status reporting requirement adopted in Order No. 652, *Reporting Requirement for Change in Status for Public Utilities with Market-Based Rate Authority* , 110 FERC ¶ 61,097 (2005). Saracen Energy states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 6. Saracen Energy Power Advisors LP [Docket No. ER05-494-001] Take notice that on April 14, 2005, Saracen Energy Power Advisors LP (Saracen Power Advisors) submitted a compliance filing pursuant to the Commission's March 24, 2005 order in this proceeding, 110 FERC ¶ 61,332 (2005). Saracen states that the compliance filing consists of an amendment to Saracen Power Advisors's Rate Schedule FERC No. 1 to reflect the change-in-status reporting requirement adopted in Order No. 652, *Reporting Requirement for Change in Status for Public Utilities with Market-Based Rate Authority,* 110 FERC ¶ 61,097 (2005). Saracen Power Advisors states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 7. Saracen Merchant Energy LP [Docket No. ER05-495-001] Take notice that, on April 14, 2005, Saracen Merchant Energy LP (Saracen Merchant) submitted a compliance filing pursuant to the Commission's March 24, 2005 order in this proceeding, 110 FERC ¶ 61,332 (2005). Saracen Merchant states that the compliance filing consists of an amendment to Saracen Merchant's Rate Schedule FERC No. 1 to reflect the change-in-status reporting requirement adopted in Order No. 652, *Reporting Requirement for Change in Status for Public Utilities with Market-Based Rate Authority* , 110 FERC ¶ 61,097 (2005). Saracen Merchant states that copies of the filing were served on parties on the official service list in the proceeding. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 8. Wabash Valley Power Association, Inc. [Docket No. ER05-814-000] Take notice that on April 13, 2005, Wabash Valley Power Association, Inc. (Wabash Valley) submitted Wabash Valley Rate Schedule Nos. 33 through 47 and a request for certain waivers of the Commission's regulations. Wabash Valley states that copies of the filing were served upon Wabash Valley's Members, AES Power, Inc., American Municipal Power-Ohio, Inc., Big Rivers Electric Corporation, Cincinnati Gas and Electric Company, Central Illinois Public Service Company, Indiana Municipal Power Agency, Hoosier Energy Rural Electric Cooperative, Southern Indiana Gas and Electric Company, PSI Energy, Inc., Cinergy Services, Inc., Ontario Power Generation, Inc., Soyland Power Cooperative, Inc., Illinois Municipal Electric Agency, Louisville Gas and Electric Company, Indianapolis Power & Light Company, Northern Indiana Public Service Company, and the State public service commissions in Illinois, Indiana, Michigan and Ohio. *Comment Date:* 5 p.m. eastern time on May 4, 2005. 9. PJM Interconnection, L.L.C. [Docket No. ER05-815-000] Take notice that on April 13, 2005, PJM Interconnection, L.L.C.
(PJM)submitted for filing an executed interconnection service agreement
(ISA)among PJM, PSEG Nuclear LLC, Public Service Electric and Gas Company and Atlantic City Electric Company, and a notice of cancellation for an ISA that has been superseded. PJM requests an effective date of March 14, 1005. PJM states that copies of this filing were served upon the parties to the agreement and the State regulatory commissions within the PJM region. *Comment Date:* 5 p.m. eastern time on May 4, 2005. 10. CES Marketing VI, LLC , CES Marketing VII, LLC, CES Marketing VIII, LLC, CES Marketing IX, LLC, CES Marketing X, LLC [Docket Nos. ER05-816-000, ER05-817-000, ER05-818-000, ER05-819-000, and ER05-820-000] Take notice that on April 13, 2005, CES Marketing VI, LLC, CES Marketing VII, LLC, CES Marketing VIII, LLC, CES Marketing IX, LLC and CES Marketing X, LLC (Applicants) submitted:
(1)proposed rate schedules under which Applicants will make wholesale sales of electric energy, capacity, replacement reserves, and ancillary services at market-based rates, to reassign transmission capacity, and to resell firm transmission rights;
(2)requests for the grant of certain blanket approvals;
(3)and requests for the grant of certain waivers. *Comment Date:* 5 p.m. eastern time on May 4, 2005. 11. Pastoria Energy Facility, L.L.C. [Docket No. ER05-822-000] Take notice that on April 14, 2005, Pastoria Energy Facility, L.L.C. (Pastoria) submitted:
(1)Notification of a change in the name of the company from Pastoria Energy Center, LLC to Pastoria Energy Facility, L.L.C.; and
(2)a revised market-based rate tariff to provide the correct name of the company and to incorporate the reporting requirements adopted by the Commission in Order No. 652, *Reporting Requirements for Changes in Status for Public Utilities with Market-Based Rate Authority* , 110 FERC ¶ 61,097 (2005). Pastoria states that a copy of this filing has been mailed to each person designated on the official service list compiled by the Secretary of this proceeding. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 12. Florida Power & Light Company [Docket No. ER05-823-000] Take notice that on April 14, 2005, Florida Power & Light Company
(FPL)tendered for filing a Notice of Cancellation of Service Agreement No. 196, an Interconnection & Operation Agreement between FPL and Blue Heron Energy Center, LLC (Blue Heron). FPL states that the Cancellation of Service Agreement No. 196 has been mutually agreed to by FPL and Blue Heron. FPL requests that the cancellation be made effective March 21, 2005. FPL states that a copy of the filing was served upon Blue Heron. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 13. American Electric Power Service Corporation [Docket No. ER05-824-000] Take notice that on April 14, 2004, American Electric Power Service Corporation (AEPSC), tendered for filing a Interconnection and Local Delivery Service Agreement (ILDSA) for Wabash Valley Power Association, Inc. (Wabash Valley) of the Indianapolis, Indiana, and a Facilities Agreement, as an attachment to the ILDSA, for the establishment of a new Delivery Point (the Huntertown Delivery Point) between Wabash Valley and AEP. The ILDSA is being designated and filed as Service Agreement No. 1262 under the PJM Interconnection, LLC (PJM's) FERC Open Access Transmission Tariff Sixth Revised Volume No. 1, pursuant to FERC Order dated February 25, 2005 under Docket Nos. ER04-1003-002 *et al.* and EL05-62-000. Service Agreement No. 1262 is needed to eliminate from the Network Integration Transmission Service Agreement between AEP and Wabash Valley those transmission related services that are now provided by PJM. AEPSC requests an effective date of April 1, 2005. AEPSC states that a copy of the filing was served upon Wabash Valley and the Public Service Commissions affected by the filing. *Comment Date:* 5 p.m. eastern time on May 5, 2005. 14. Midwest Independent Transmission System Operator, Inc. [Docket No. ER05-825-000] Take notice that on April 15, 2005, Midwest Independent Transmission System Operator, Inc., (Midwest ISO) pursuant to section 205 of the Federal Power Act and section 35.13 of the Commission's regulations, 18 CFR 35.13 (2002), submitted for filing revisions to Exhibit A and Exhibit B of the Network Integration Transmission Service Agreement under the Midwest ISO's Open Access Transmission Tariff, FERC Electric Tariff, Second Revised Volume No. 1, between the City of St. Louis, Michigan and the Midwest ISO. Midwest ISO states that a copy of this filing has been served on all parties on the official service list compiled by the Secretary in this proceeding. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 15. Consolidated Edison Company of New York, Inc. [Docket No. ER05-826-000] Take notice that on April 15, 2005, Consolidated Edison Company of New York, Inc. (Con Edison) tendered for filing amendments to Con Edison's Open Access Transmission Tariff, FERC Electric Tariff, First Revised Volume No. 1. Con Edison states that the filing proposes to revise the rate design for unbundled retail transmission service to customers that own on-site electric generators. Con Edison requests an effective date of June 14, 2005. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 16. Northeast Utilities Service Company [Docket No. ER05-827-000] Take notice that on April 15, 2005, Northeast Utilities Service Company (NUSCO), on behalf of its operating company affiliates, The Connecticut Light and Power Company (CL&P), Western Massachusetts Electric Company (WMECO), Holyoke Water Power Company (HWP), Holyoke Power and Electric Company (HP&E), and Public Service Company of New Hampshire (PSNH), submitted a Notice of Cancellation of the Memorandum of Understanding—Pooling of Generation and Transmission (NUG&T) between CL&P, WMECO, HWP, and HP&E; Notice of Cancellation of the Sharing Agreement between PSNH and CL&P; and Notice of Cancellation of the Capacity Transfer Agreements between CL&P and PSNH. NUSCO states that copies of the filing were served upon the NUSCO's jurisdictional customers, Connecticut Department of Public Utility Control, New Hampshire Public Utilities Commission, and Massachusetts Department of Telecommunications and Energy. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 17. Northwestern Wisconsin Electric Company [Docket No. ER05-828-000] Take notice that April 15, 2005, Northwestern Wisconsin Electric Company,
(NWEC)tendered for filing proposed changes in its Transmission Use Charge, Rate Schedule FERC No. 2. NWEC states that the proposed changes would increase revenues from jurisdictional sales by $4,409.20 based on the 12-month period ending April 30, 2005. NWEC also states that it is proposing this rate schedule change to more accurately reflect the actual cost of transmitting energy from one utility to another based on current cost data. NWEC further states that the service agreement for which this rate is calculated calls for the Transmission Use Charge to be reviewed annually and revised on May 1. NWEC requests an effective date of May 1, 2005. NWEC states that copies of this filing have been provided to the respective parties and to the Public Service Commission of Wisconsin. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 18. American Transmission Company LLC [Docket No. ER05-829-000] Take notice that on April 15, 2005, American Transmission Company LLC (ATCLLC) tendered for filing a Distribution-Transmission Interconnection Agreement between ATCLLC and Lodi Utilities. ATCLLC requests an effective date of March 31, 2005. ATCLLC states that it has served a copy of this filing on Lodi Utilities, the Midwest ISO, and the Public Service Commission of Wisconsin. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 19. Xcel Energy Services Inc. [Docket No. ER05-830-000] Take notice that on April 15, 2005, Xcel Energy Services Inc., on behalf of Public Service Company of Colorado (PSCo), submitted an Amended and Restated Generation Interconnection Agreement between Ridge Crest Wind Partners, LLC and PSCo. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 20. East Texas Electric Cooperative, Inc. [Docket No. ER05-831-000] Take notice that on April 13, 2005, East Texas Electric Cooperative, Inc.
(ETEC)submitted for filing a withdrawal of its filed rates, effective upon ETEC's April 13, 2005 receipt of Rural Utilities Service guaranteed loan funds, ETEC will no longer meet the definition of a “public utility” pursuant to section 201 of the Federal Power Act, 16 U.S.C. 824 and thus will not be subject to regulation by the Commission for so long as ETEC has RUS loan funds outstanding. ETEC states that it has provided its three constituent members with a copy of this filing. *Comment Date:* 5 p.m. eastern time on May 4, 2005. 21. American Transmission Company LLC [Docket No. ER05-833-000] Take notice that on April 13, 2005, American Transmission Company LLC (ATCLLC) tendered for filing an Amended and Restated Generation-Transmission Interconnection Agreement among American Transmission Company LLC, Wisconsin Electric Power Company, and the Midwest Independent Transmission System Operator, Inc., (for the Elm Road Generating Facility) Docket No. ER02-548-001. ATCLLC requests an effective date of April 16, 2005. *Comment Date:* 5 p.m. eastern time on May 4, 2005. 22. American Transmission Company LLC [Docket No. ER05-834-000] Take notice that on April 14, 2005, American Transmission Company LLC (ATCLLC) tendered for filing an Amended and Restated Generation-Transmission Interconnection Agreement among American Transmission Company LLC, Wisconsin Electric Power Company, and the Midwest Independent Transmission System Operator, Inc., (for Port Washington Generating Facility) Docket No. ER02-548-001. ATCLLC requests an effective date of April 17, 2005. *Comment Date:* 5 p.m. eastern time on May 5, 2005. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-2039 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER99-3491-004, et al.] PPL Montana, LLC, et al.; Electric Rate and Corporate Filings April 21, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. PPL Montana, LLC, PPL Colstrip I, LLC, PPL Colstrip II, LLC [Docket Nos. ER99-3491-004, ER00-2184-002, and ER00-2185-002] Take notice that on April 15, 2005, PPL Montana, LLC; PPL Colstrip I, LLC; and PPL Colstrip II, LLC (collectively the PPL MT Parties) submitted a compliance filing pursuant to the Commission's deficiency letter issued on March 25, 2005, in Docket Nos. ER99-3491-002, *et al.* , and pursuant to the Commission's order issued on February 10, 2005, in Docket No. RM04-14-000, *Reporting Requirement for Changes in Status for Public Utilities With Market-Based Rate Authority* , Order No. 652, 70 FR 8253 (Feb 18, 2005). The PPL MT Parties state that the compliance filing consists of responses Commission Staff's questions contained in the March 25, 2005 deficiency letter regarding the PPL and MT Parties' triennial market-based rate update, and revised tariff sheets to incorporate the Commission's change in status reporting requirements. The PPL MT Parties state that copies of the filing were served on parties on the official service list in Docket Nos. ER99-3491-003, ER00-2184-001 and ER00-2185-001. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 2. Promet Energy Partners LLC [Docket No. ER05-331-001] Take notice that on April 13, 2005, Promet Energy Partners LLC, (Promet) submitted for filing a revised Rate Schedule FERC No. 1, Sheet No. 1. Promet states that this revision was necessary in order to comply with Order No. 652, 110 FERC ¶ 61,097, (2005), which requires change in status reporting requirement be incorporated in the market-based rate tariff of each entity authorized to make sales at market-based rates. *Comment Date:* 5 p.m. eastern time on May 4, 2005. 3. Mitchell Electric Membership Corporation [Docket No. ER05-350-002] Take notice that on April 15, 2005, Mitchell Electric Membership Corporation submitted a compliance filing pursuant to the Commission's order issued March 25, 2005, Mitchell Electric Membership Corporation, 110 FERC ¶ 61,350 (2005). *Comment Date:* 5 p.m. eastern time on May 6, 2005. 4. Wisconsin River Power Company [Docket No. ER05-453-002] Take notice that on April 14, 2005, Wisconsin River Power Company (Wisconsin River) filed revised tariff sheets and information regarding interlocking directorates in compliance with the Commission's Letter Order issued March 25, 2005 (110 FERC ¶ 61,342). *Comment Date:* 5 p.m. eastern time on May 6, 2005. 5. Tucson Electric Power Company and UNS Electric, Inc. [Docket No. ER05-610-002] Take notice that on April 19, 2005, Tuscon Electric Power Company (Tucson Electric) and UNS Electric, Inc. filed substitute revised tariff sheets to its February 18, 2005 filing in Docket Nos. ER05-610-000 and 001 in compliance with *Standardization of Generator Interconnection Agreements and Procedures,* 109 FERC ¶ 61,287 (2004). Tucson Electric requests an effective date of January 19, 2005. *Comment Date:* 5 p.m. eastern time on May 10, 2005. 6. KRK Energy [Docket No. ER05-713-001] Take notice that on April 15, 2005, KRK Energy submitted an amendment to its March 17, 2005 filing in Docket No. ER05-713-001. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 7. Cokinos Power Trading Company [Docket No. ER05-832-000] Take notice that on April 15, 2005, Cokinos Power Trading Company, submitted for filing a Notice of Cancellation of its market-based rate authority approved by the Commission's order issued May 14, 2002 in Docket No. ER02-1365-000. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 8. New England Power Company [Docket No. ER05-835-000] Take notice that on April 18, 2005, New England Power Company
(NEP)submitted two local service agreements for local network service with Bear Swamp Power Co., LLC (Bear Swamp Power), under ISO New England Inc.'s Transmission, Markets and Services Tariff (ISO New England Inc., FERC Electric Tariff No. 3). NEP states that a copy of this filing has been served upon Bear Swamp Power, ISO New England Inc., and regulators in the Commonwealth of Massachusetts. *Comment Date:* 5 p.m. eastern time on May 9, 2005. 9. American Electric Power Service Corporation [Docket No. ER05-836-000 ] Take notice that on April 18, 2005, American Electric Power Service Corporation (AEP), on behalf of its affiliate Public Service Company of Oklahoma, submitted for filing a letter agreement that provides for AEP to begin engineering, equipment procurement and construction work on the network upgrades required on the AEP transmission system as a result of interconnecting the wind power project being developed by Blue Canyon Windpower II, LLC to the Western Farmers Electric Cooperative transmission system. AEP requests an effective date of April 4, 2005. AEP states that a copy of the filing was served upon Blue Canyon Windpower II, LLC. *Comment Date:* 5 p.m. eastern time on May 9, 2005. 10. American Electric Power Service Corporation [Docket No. ER05-837-000] Take notice that on April 15, 2005, the American Electric Power Service Corporation, on behalf of its affiliate Ohio Power Company
(AEP)tendered for filing pursuant to section 35.15 of the Commission's regulations, 18 CFR section 35.15, a notice of termination of an amended interconnection and operation agreement between Ohio Power Company and Lima Energy Company, LLC. designated as Service Agreement No. 463 under American Electric Power Operating Companies' open access transmission tariff. AEP requests an effective date of April 15 2005. AEP states that a copy of the filing was served upon Lima Energy Company, LLC and upon the Public Utilities Commission of Ohio. *Comment Date:* 5 p.m. eastern time on May 6, 2005. 11. California Independent System Operator Corporation [Docket No. ER05-838-000] Take notice that on April 18, 2005, the California Independent System Operator Corporation (ISO), tendered for filing an amendment (Amendment No. 5) to revise the metered subsystem agreement between the ISO and Silicon Valley Power
(SVP)for acceptance by the Commission. The ISO states that the purpose of Amendment No. 5 is to add information regarding metering at the proposed new SVP Switching Station. The ISO requests privileged treatment, pursuant to 18 CFR 388.112, with regard to portions of the filing of Amendment No. 5. The ISO requests an effective date of April 19, 2005. The ISO states that the non-privileged elements of this filing have been served on SVP, the California Public Utilities Commission, and all entities on the official service lists for Docket Nos. ER02-2321-000, ER04-185-000, ER04-940-000, ER05-81-000, ER05-449-000. *Comment Date:* 5 p.m. eastern time on May 9, 2005. 12. Oregon Trail Electric Consumers Cooperative, Inc. [Docket No. ES05-27-000] Take notice that on April 8, 2005, Oregon Trail Electric Consumers Cooperative, Inc. (Oregon Trail) submitted an application pursuant to section 204 of the Federal Power Act seeking authorization to:
(1)make long-term borrowings under a loan agreement with the National Rural Utilities Cooperative Finance Corporation
(CFC)in an amount not to exceed $10 million; and
(2)make no more than $5 million of short-term borrowings under a line of credit with CFC. Oregon Trail also requests a waiver of the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. *Comment Date:* 5 p.m. eastern time on May 12, 2005. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-2045 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2725-068 Georgia] Oglethorpe Power Corporation, Georgia Power Company; Notice of Availability of Environmental Assessment April 21, 2005. In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Energy Regulatory Commission's (Commission) regulations (18 CFR part 380), Commission staff have reviewed an application for amendment of license for the Rocky Mountain Pumped Storage Project, filed January 24, 2005, to increase the project's authorized generating capacity. The project is located on Heath Creek, near the City of Rome, in Floyd County, Georgia. The project licensees, Oglethorpe Power Corporation and Georgia Power Company, propose to increase the project's generating capacity through replacing the project's existing pump-turbine runners and possibly modifying the pump-turbine, motor-generator, and auxiliary equipment components. These changes would increase the project's maximum hydraulic capacity at peak generation by 20 to 25 percent, and increase the firm peak generating capacity by 202 megawatts. In the environmental assessment (EA), Commission staff has analyzed the probable environmental effects of the proposed work and has concluded that approval, with appropriate environmental measures, would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is attached to a Commission order titled “Order Amending License,” which was issued April 20, 2005, and is available for review at the Commission's Public Reference Room. A copy of the EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “elibrary” link. Enter the docket number (P-2725) 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. E5-2021 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Declaration of Intention and Soliciting Comments, Protests, and/or Motions To Intervene April 20, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Declaration of Intention. b. *Docket No:* DI05-2-000. c. *Date Filed:* April 8, 2005. d. *Applicant:* Rick Hubberd. e. *Name of Project:* Buttermilk Falls Micro Hydroelectric Project. f. *Location:* The proposed Buttermilk Falls Micro Hydroelectric Project will be located on Falls Brook, tributary to Neversink River, near the town of Cuddebackville, Orange County, New York. g. *Filed Pursuant to:* Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b). h. *Applicant Contact:* Mr. Rick Hibberd, 544 Oakland Valley Road, Cuddebackville, NY 12729, telephone
(845)754-8318, e-mail: *rick@hibberd.com.* i. *FERC Contact:* Any questions on this notice should be addressed to Henry Ecton,
(202)502-8768, or e-mail address: *henry.ecton@ferc.gov.* j. *Deadline for filing comments, protests, and/or motions:* May 20, 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. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. Any questions, please contact the Secretary's Office. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov.* Please include the docket number (DI05-2-000) on any comments, protests, or motions filed. k. *Description of Project:* The proposed Buttermilk Falls Micro Hydroelectric Project, a run-of-river facility, would include
(1)An existing 5-foot-high, 20-foot-wide, concrete-and-stone dam;
(2)a reservoir capacity of approximately 1,200 cubic feet;
(3)an 8-inch-diameter, 500-foot-long penstock;
(4)a powerhouse containing two generators with a total capacity of 15 kW;
(5)a 650-foot-long transmission line; and
(6)appurtenant facilities. The proposed project replaces a project damaged by a flood in August 2004. The power would be used in a residence, and the project will employ a switching system that would automatically reconnect the residence to the interstate grid if generation falls below a certain level. The project will not occupy any tribal or federal lands. When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project:
(1)Would be located on a navigable waterway;
(2)would occupy or affect public lands or reservations of the United States;
(3)would utilize surplus water or water power from a government dam; or
(4)if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation. l. *Locations of the Application:* Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or TTY, contact
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, AND/OR “MOTIONS TO INTERVENE”, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E5-2006 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Transfer of License and Soliciting Comments, Motions To Intervene, and Protests April 20, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Transfer of License. b. *Project No.:* 10806-012. c. *Date Filed:* April 12, 2005. d. *Applicants:* Holyoke Economic Development and Industrial Corporation (HEDIC, Transferor) City of Holyoke Gas & Electric Department (HG&E, Transferee). e. *Name and Location of Project:* The Station No. 5 Project is located on the Holyoke Canal system, a diversion of the Connecticut River in Hampden County, Massachusetts. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. g. *Applicant Contacts:* For Transferor: Carl Eger, Jr., Holyoke Economic Development and Industrial Corporation, One Court Plaza, Holyoke, MA 01040. For Transferee: James M. Lavelle, City of Holyoke Gas & Electric Department, 99 Suffolk Street, Holyoke, MA 01040 and Nancy J. Skancke, Law Offices of GKRSE, 1500 K St., NW., Suite 330, Washington, DC 20005,
(202)408-5400. h. *FERC Contact:* James Hunter,
(202)502-6086. i. *Deadline for filing comments, protests, and motions to intervene:* May 13, 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. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the Project Number on any comments or motions filed. The Commission's Rules of Practice and Procedure require all interveners filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener 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 documents on that resource agency. j. *Description of Application:* The applicants seek Commission approval to transfer the license for the project from HEDIC to HG&E. The transfer is predicated on the expiration of a sale and leaseback arrangement for the project. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “FERRIS” link. Enter the docket number (P-10806) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the addresses in item g. above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. n. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. o. Agency Comments—Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E5-2009 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for a Waiver of Releases Under Article 405 of License for the 2004-2005 Water Year and Soliciting Comments, Motions To Intervene, and Protests April 20, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Request for a waiver of non-irrigation releases under Article 405 of the license for the water year 2004-2005. b. *Project No:* P-1417-161. c. *Date Filed:* April 6, 2005. d. *Applicant:* Central Nebraska Public Power & Irrigation District. e. *Name of Project:* Kingsley Dam Project. f. *Location:* The project is located on the North Platte and Platte Rivers in Garden, Keith, Lincoln, Dawson, and Gosper Counties in south-central Nebraska. g. *Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. Mike Drain, Natural Resources Supervisor, Central Nebraska Public Power and Irrigation District, 415 Lincoln Street, P.O. Box 740, Holdrege, NE 68949;
(308)995-3801. i. *FERC Contact:* Any questions on this notice should be addressed to Mr. Vedula Sarma at
(202)502-6190, or e-mail address: *vedula.sarma@ferc.gov.* j. *Deadline for filing comments and or motions:* May 6, 2005. k. *Description of Request:* Because of prolonged and severe drought, Nebraska Public Power and Irrigation District requests a waiver for non-irrigation releases for the water year 2004-2005 from Lake McConaughy for diversion at the Keystone Diversion Dam as required under Article 405 of the license. l. *Locations of the Application:* A of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. 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, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov,* for TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. 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. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E5-2010 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 199-205] South Carolina Public Service Authority; Notice of Scoping Meetings and Site Visit and Technical Meeting and Soliciting Scoping Comments April 20, 2005. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Application:* New Major License. b. *Project No.:* 199-205 c. *Date filed:* March 15, 2004. d. *Applicant:* South Carolina Public Service Authority. e. *Name of Project:* Santee Cooper. f. *Location:* On the Santee and Cooper Rivers, in Berkeley, Calhoun, Clarendon, Orangeburg, and Sumter Counties, South Carolina. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* John Dulude, South Carolina Public Service Authority, One Riverwood Plaza, P.O. Box 2946101, Moncks Corner, SC 29461-2901,
(843)761.4046. i. *FERC Contact:* Ronald McKitrick, *ronald.mckitrick@ferc.gov,*
(770)452.3778. j. *Deadline for filing scoping comments:* June 20, 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 interveners 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 intervener 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 existing project structures consist of the Santee Dam (also known as the Wilson Dam) on the Santee River, the Pinopolis Dam on the Cooper River, the Diversion Canal, the Santee Spillway Hydroelectric Station, and the Jefferies (formerly known as Pinopolis) Hydroelectric Station. The project includes an estimated 179,990 acres of land and water resources. The project has two major impoundments—Lake Marion and Lake Moultrie—that are connected by the Diversion Canal. Lake Marion is up to 40 miles long and has a normal pool elevation of 75.0 feet. Lake Moultrie is about 10 miles long and has a normal pool elevation typically from 0.2 to 1.0 foot lower than Lake Marion. The two impoundments have a combined area of approximately 160,000 acres. The combined usable storage capacity of the two impoundments is approximately 529,000 acre-feet. The total installed capacity is 134.52 MW. The SCPSA operates the Santee Spillway and Jefferies Stations and the U.S. Army Corps of Engineers' (Corps) St. Stephen Station, which is not a part of the Commission-licensed Santee Cooper Project. 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 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 FERC staff will conduct one agency scoping meeting and two public meetings. The agency scoping meeting will focus on resource agency and non-governmental organization
(NGO)concerns, while the public scoping meeting is primarily for public input. All interested individuals, organizations, and agencies 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: Agency Scoping Meeting *Date:* Thursday May 19, 2005. *Time:* 10 a.m. *Place:* Holiday Inn Express. *Address:* 505 R.C. Dennis Blvd., Moncks Corner, South Carolina. Public Scoping Meetings *Date:* Tuesday, May 17, 2005. *Time:* 7:30 p.m. *Place:* Holiday Inn Express. *Address:* 505 R.C. Dennis Blvd., Moncks Corner, South Carolina. *Date:* Wednesday, May 18, 2005. *Time:* 7 p.m. *Place:* Clarendon County Hospital Center, Cypress Center for Health and Wellness. *Address:* 40 Hospital Street, Manning, South Carolina. Copies of the Scoping Document
(SD1)outlining the subject areas to be addressed in the EIS were distributed to the parties on the Commission's mailing list. Copies of the SD1 will be available at the scoping meeting 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 FERC staff will conduct a project site visit beginning at 9 a.m. on May 17 and 18, 2005. All interested individuals, organizations, and agencies are invited to attend. All participants should meet at the Jefferies Hydroelectric Station at 9 a.m. on May 17, 2005 and at Wilson Landing near the Santee Dam spillway at 9 a.m. on May 18, 2005. All participants are responsible for their own transportation to the site. Anyone with questions about the site visit should contact Mr. John Dulude of SCPSA at
(843)761-4046. Technical Conference Commission staff will hold a technical conference to discuss the issue of fish passage, entrainment, and outmigration survival related to operation of the Santee Cooper Project. This conference will be held at the Holiday Inn Express in Moncks Corner, South Carolina at 2 p.m. on May 19, 2005. All interested parties are invited to attend. The meeting will not be recorded by a stenographer, but the Commission staff will prepare notes on the meeting for inclusion in the public record. 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 are recorded by a stenographer and become part of the formal record of the Commission proceeding on the project. Individuals, organizations, and agencies with environmental expertise and concerns are encouraged to attend the meeting and to assist the staff in defining and clarifying the issues to be addressed in the EA. Magalie R. Salas, Secretary. [FR Doc. E5-2011 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2204-024] City and County of Denver, CO; Notice of Application and Applicant-Prepared Ea Accepted for Filing, Soliciting Motions To Intervene and Protests, and Soliciting Comments, and Terms and Conditions April 20, 2005. Take notice that the following hydroelectric application and applicant-prepared environmental assessment have been filed with the Commission and are available for public inspection. a. *Type of Application:* Small hydroelectric power project exemption from licensing. b. *Project No.:* 2204-024. c. *Date filed:* December 30, 2004. d. *Applicant:* City and County of Denver, Colorado, acting by and through its Board of Water Commissioners. e. *Name of Project:* Williams Fork Reservoir Project. f. *Location:* On the Williams Fork River near its confluence with the Colorado River at Parshall, in Grand County, Colorado. No Federal lands would be affected. g. *Filed Pursuant to:* Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2705, 2708. h. *Applicant Contact:* Kevin Urie, Environmental Planner, Denver Water, 1600 W. 12th Ave., Denver, CO 80204,
(303)628-5987. i. *FERC Contact:* Dianne Rodman,
(202)502-6077 or *dianne.rodman@ferc.gov.* j. Deadline for filing motions to intervene and protests, comments, and terms and conditions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Motions to intervene and protests, comments, and terms and conditions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( * http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted for filing. l. *The existing project consists of:*
(1)The 209-foot-high, 670-foot-long concrete thin arch dam with a crest elevation of 7,814 feet above mean sea level (msl);
(2)the Williams Fork reservoir with a surface area of 1,628 acres and storage of 96,822 acre-feet at elevation 7,811 feet msl;
(3)a reinforced concrete penstock intake on the face of the dam, with a 7-foot by 5-foot fixed wheel penstock gate controlling flows into a 66-inch-diameter steel penstock running through the dam;
(4)river outlet works on the face of the dam, leading to a 54-inch-diameter steel embedded pipe that conveys water to the outlet works valves;
(5)a 66-foot-long, 30-foot-wide, 60-foot-high concrete powerhouse at the toe of the dam, containing one vertical-axis turbine/generator with a capacity of 3,150 kilowatts (kW);
(6)a tailrace excavated in the streambed rock, carrying the combined powerhouse and river outlet discharges;
(7)a 60-foot by 40-foot switchyard;
(8)and appurtenant equipment. The applicant would increase the project's generating capacity to 3,650 kW by installing a second, 500-kW vertical turbine/generator. The new unit would be located adjacent to the existing powerhouse inside the river outlet works structure and would discharge into the same tailrace as the existing turbine via a weir box. The new unit would use water being released from the reservoir for other purposes, and operation of the dam would not be changed to increase power production. 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. n. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. All filings must
(1)Bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS,” “REPLY COMMENTS,” or “TERMS AND CONDITIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person protesting or intervening; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments or terms and conditions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via 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. E5-2012 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests April 20, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No:* 2503-089. c. *Date Filed:* March 17, 2005. d. *Applicant:* Duke Power, a division of Duke Energy Corporation. e. *Name of Project:* Keowee-Toxaway Project. f. *Location:* Lake Keowee is located in Oconee County, South Carolina. This project does not occupy any Tribal or Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and §§ 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative; Duke Energy Corporation; P.O. Box 1006; Charlotte, NC; 28201-1006;
(704)382-8576. i. *FERC Contact:* Any questions on this notice should be addressed to Brian Romanek at
(202)502-6175 or by e-mail: *Brian.Romanek@ferc.gov.* j. *Deadline for filing comments and or motions:* May 20, 2005. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-2503-089) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Duke Power, licensee for the Keowee-Toxaway Hydroelectric Project, has requested Commission authorization to lease to the Sunrise Pointe Association, Inc., (Sunrise Pointe) 0.29 acres of project lands to expand a marina previously approved by the Commission for a Commercial/ Residential Marina. The marina expansion would consist of one cluster dock that would accommodate twelve boats. Sunrise Pointe is located on Lake Keowee in Oconee County. l. *Location of the Application:* This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov,* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E5-2013 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Amendment of Exemption and Soliciting Comments, Motions To Intervene, and Protests April 20, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Amendment of license to rehabilitate one of the eight generating units of the Ohio Falls Project. b. *Project No:* 289-016. c. *Date Filed:* April 13, 2005. d. *Applicant:* Louisville Gas & Electric Company. e. *Name of Project:* Ohio Falls Project. f. *Location:* The project is located on the Ohio River in Jefferson County, Kentucky. g. *Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. Roger D. Hickman, Senior Regulatory Analyst, Louisville Gas & Electric Company, 220 Main Street, Louisville, KY 40202;
(502)627-4031, or e-mail address: *roger.hickman@lgeenergy.com.* i. *FERC Contact:* Any questions on this notice should be addressed to Mr. Vedula Sarma at
(202)502-6190, or e-mail address: *vedula.sarma@ferc.gov.* j. *Deadline for filing comments and or motions:* May 20, 2005. k. *Description of Request:* Louisville Gas & Electric Company propose to rehabilitate one of the existing generator units by rewinding generator and the wicket gate, restoring the draft tube, replacing discharge ring liner and runner. The proposal would increase the nameplate rating of the rehabilitated unit from 10.04 MW to 13.077 MW, and the hydraulic capacity of the unit would increase from 4,400 cfs to 5,297 cfs. The increase in maximum hydraulic capacity of the project would be 2.5%. l. *Locations of the Application:* A of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. 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, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov,* for TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. 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. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E5-2014 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [P-12514-000] Northern Indiana Public Service Company; Notice of Scoping Meetings and Site Visits and Soliciting Scoping Comments April 21, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Original Major License. b. *Project No:* 12514-000. c. *Date Filed:* June 28, 2004. d. *Applicant:* Northern Indiana Public Service Company (NIPSCO). e. *Name of Project:* Norway-Oakdale Hydroelectric Project. f. *Location:* On the Tippecanoe River in Carroll and White counties, Indiana. The project does not affect Federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Jerome B. Weeden, Vice President Generation; Northern Indiana Public Service Company; 801 East 86th Avenue; Merrillville, IN 46410;
(219)647-5730. i. *FERC Contact:* Sergiu Serban at
(202)502-6211 or *sergiu.serban@ferc.gov.* j. *Deadline for filing scoping comments:* 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 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* ) through the Commission's eLibrary using the “Documents & Filing” link. k. This application is not ready for environmental analysis at this time. l. *Description of the Project:* The existing Norway-Oakdale Hydroelectric Project consists of the Norway development and the Oakdale development and has a combined installed capacity of 16.4 megawatts (MW). The project produces an average annual generation of 65,000 megawatt-hours (MWh). All power is dispatched directly into the local grid and is used within the East Central Area Reliability Coordination Agreement. The Norway development includes the following constructed facilities:
(1)A 915-foot-long dam consisting of
(a)a 410-foot-long, 34-foot-maximum-height earth fill embankment with a concrete core wall;
(b)a 225-foot-long, 29-foot-high concrete gravity overflow spillway with flashboards;
(c)a 120-foot-long, 30-foot-high concrete gated spillway with three 30-foot-wide, 22-foot-high spillway gates;
(d)an 18-foot-wide, 30-foot-high trash sluice housing with one 8-foot-wide, 11-foot-high gate; and
(e)a 142-foot-long, 64-foot-wide powerhouse integral with the dam containing four vertical Francis turbine-generating units with a rated head of 28 feet, total hydraulic capacity of 3,675 cubic feet per second (cfs), and a total electric output of 7.2 MW;
(2)a 10-mile-long, 10-foot average depth, 1,291-acre reservoir;
(3)a 2-mile-long, 69,000-volt transmission line; and
(4)appurtenant facilities. The Oakdale development includes the following constructed facilities:
(1)A 1,688-foot-long dam consisting of
(a)a 126-foot-long, 58-foot maximum-height east concrete buttress and slab dam connecting the left abutment to the powerhouse;
(b)a 114-foot-long, 70-foot-wide powerhouse integral with the dam containing three vertical Francis turbine-generating units with a rated head of 42 to 48 feet, total hydraulic capacity of 3,200 cfs and a total electric output of 9.2 MW;
(c)an 18-foot-wide structure containing a nonfunctional fish ladder and a gated trash sluice;
(d)an 84-foot-long ogee-shaped concrete gated spillway with two 30-foot-wide, 22-foot-high vertical lift gates;
(e)a 90-foot-long, six bay concrete gravity siphon-type auxiliary spillway; and
(f)a 1,260-foot-long, west earth embankment with a maximum height of 58 feet and a 30-foot-wide crest;
(2)a 10-mile-long, 16-foot-average depth, 1,547-acre reservoir; and
(3)appurtenant facilities. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field (P-12514), to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov;* call toll-free at
(866)208-3676; or, for TTY, call
(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/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. n. *Scoping Process:* The Commission intends to prepare a single environmental document in accordance with the National Environmental Policy Act. The environmental assessment
(EA)will consider both site-specific and cumulative environmental effects and reasonable alternatives to the proposed action. *Site Visit:* NIPSCO and the Commission staff will conduct a project site visit on May 18, 2005. We will meet at the Norway Powerhouse and then proceed to the project power plants. Site visitors will be responsible for their own transportation. Anyone with questions regarding the site visits, including directions, should contact Mike Canner of NIPSCO at
(219)956-5163. *Date:* Wednesday, May 18, 2005. *Time:* 8:45 am (c.s.t.). *Place:* Norway Powerhouse. Scoping Meetings Commission staff will conduct two public scoping meetings in the project area to solicit comments and viewpoints the public may wish to offer concerning project effects associated with the Norway and Oakdale developments. The evening meeting will focus on input from the public, and the morning meeting will focus on resource agency concerns. We invite all interested agencies, nongovernmental organizations, Native American tribes, and individuals to attend one or both of the meetings to help us identify the scope of environmental issues to be analyzed in the EA. The times and locations of these meetings are as follows: Public Scoping Meeting *Date:* May 18, 2005. *Time:* 7 p.m. (c.s.t.). *Place:* Best Western Brandywine Complex. *Address:* 728 South Sixth Street, Monticello, IN 47960. Agency Scoping Meeting: *Date:* May 19, 2005. *Time:* 10 a.m. *Place:* Best Western Brandywine Complex. *Address:* 728 South Sixth Street, Monticello, IN 47960. Copies of the Scoping Document
(SD1)outlining the subject areas to be addressed in the EA will be available at the scoping meetings or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link [see item
(m)above]. These meetings are posted on the Commission's calendar located on the Internet at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. *Objectives:* At the scoping meetings, staff will
(1)Summarize the environmental issues tentatively identified for analysis in the EA;
(2)solicit from the meeting participants all available information, especially empirical data, on the resources at issue;
(3)encourage statements from experts and participants on issues that should be analyzed in the EA, including viewpoints in opposition to, or in support of, the staff's preliminary view;
(4)determine the resource issues to be addressed in the EA; and
(5)identify 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, organizations, resource agencies, and Indian tribes with environmental expertise and concerns are encouraged to attend the meetings and to assist Commission staff in defining and clarifying the issues to be addressed in the EA. Magalie R. Salas, Secretary. [FR Doc. E5-2020 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER02-1656-000] California Independent System Operator Corporation; Notice of FERC Staff Attendance April 19, 2005. The Federal Energy Regulatory Commission (Commission) hereby gives notice that on April 21, 22 and 29, 2005, members of its staff will attend workshops on Resource Adequacy hosted by the California Public Utilities Commission (CPUC). The workshops will take place in Commission Courtroom A of the CPUC, located at 505 Van Ness Avenue, San Francisco, CA 94102. Sponsored by the CPUC, the meeting is open to the public, and staff's attendance is part of the Commission's ongoing outreach efforts. The meeting may discuss matters at issue in Docket No. ER02-1656-000. *For Further Information Contact:* Katherine Gensler at *katherine.gensler@ferc.gov* ;
(916)294-0275. Magalie R. Salas, Secretary. [FR Doc. E5-2033 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [AMS-FRL-7905-3] California State Motor Vehicle Pollution Control Standards; Notice of Within-the-Scope Determination for Amendments to California's Low Emission Vehicle Standards (“LEV II”) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice regarding within-the-scope determination. SUMMARY: The California Air Resources Board
(CARB)requested that EPA confirm CARB's finding that two sets of follow-up amendments to its LEV II regulations, which were approved by the CARB Board on November 15, 2001 and December 12, 2002, respectively, are within-the-scope of an existing EPA waiver of federal preemption. In a separate request, CARB requested EPA to grant a full waiver for a particular provision contained in one of these sets of LEV II amendments, and thus to not include that provision as part of the within-the-scope request. EPA in this notice has made the requested confirmation that the amendments in CARB's within-the-scope request are within-the-scope of the existing waiver. EPA will in a subsequent **Federal Register** notice consider the request for a full waiver for the separate provision. DATES: Any objections to the findings in this notice regarding EPA's determination that California's amendments are within-the-scope of a previous waiver must be filed by May 31, 2005. Otherwise, at the end of this 30-day period, these findings will become final. Upon receipt of any timely objection, EPA will consider scheduling a public hearing to reconsider these findings in a subsequent **Federal Register** notice. ADDRESSES: Any objections to the within-the-scope findings in this notice should be filed with David Dickinson at the address noted below. The Agency's Decision Document, containing an explanation of the Assistant Administrator's decision, as well as all documents relied upon in making that decision, including those submitted to EPA by CARB, are contained in the public docket. The official public docket is the collection of materials that is available for public viewing. The EPA Docket Center Public Reading Room is open from 8:30 to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Air and Radiation Docket is
(202)566-1743. The reference number for this docket is OAR-2004-0057. The location of the Docket Center is the Environmental Protection Agency, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. Copies of the Decision Document for this determination can also be obtained by contacting David Dickinson as noted below, or can be accessed on the EPA's Office of Transportation and Air Quality Web site, also noted below. FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor, Certification and Compliance Division, (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone:
(202)343-9256, Fax:
(202)343-2804, E-Mail: *Dickinson.David@epa.gov.* SUPPLEMENTARY INFORMATION: I. Obtaining Electronic Copies of Documents Electronic copies of this Notice and the accompanying Decision Document are available via the Internet on the Office of Transportation and Air Quality
(OTAQ)Web site ( *http://www.epa.gov/OTAQ* ). Users can find these documents by accessing the OTAQ Home Page and looking at the path entitled “Chronological List of All OTAQ Regulations.” This service is free of charge, except for any cost you already incur for Internet connectivity. The official **Federal Register** version of the notice is made available on the day of publication on the primary Web site ( *http://www.epa.gov/docs/fedrgstr/EPA-AIR/* ). Please note that due to differences between the software used to develop the documents and the software into which the documents may be downloaded, changes in format, page length, etc. may occur. *Docket:* An electronic version of the public docket is available through EPA's electronic public docket and comment system. You may use EPA dockets at *http://www.epa.gov/edocket/* to submit or view the public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although a part of the official docket, the public docket does not include Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Once in the edocket system, select “search,” then key in the appropriate docket ID number. 1 1 CARB's “first” set of LEV II follow-up amendments, which included the “cleaner federal vehicle” provisions, were adopted by the CARB Board on December 27, 2000, and were covered by EPA's LEV II waiver published April 22, 2003. The “second” set of follow-up amendments included an amendment to section 1962, title 13, CCR, the section regarding zero-emission vehicles (ZEVs). The LEV II waiver previously issued by EPA does not include this provision and by today's decision EPA is also not considering the ZEV provisions. The second set of amendments also include a provision in a table at section 1961(a)(1), title 13, CCR, which has the effect of making the particulate standard applicable to all motor vehicles regardless of fuel (the previous regulation only applied to diesel-fueled vehicles). Per CARB's request of December 20, 2004 (see OAR-2004-0057-0031) EPA is not considering this provision as part of today's decision. II. Second Set of LEV II Amendments I have determined that these amendments to the CARB's LEV II regulation are within-the-scope of a prior waiver issued under section 209(b) of the Clean Air Act (Act), 42 U.S.C. 7543(b), granted by EPA to CARB. 2 The amendments to the regulations, outlined in CARB's request letter 3 , and fully described in CARB's submissions, provide for:
(1)An NMOG certification factor to account for carbonyls and a statement of compliance for meeting the formaldehyde standards in lieu of full testing;
(2)an extension of the generic reactivity adjustment factors (RAFs);
(3)revisions to the emission offset requirements for “AB 965” vehicles which allow new vehicles certified to EPA emission levels (as opposed to CARB's standards) to be averaged into a manufacturer's fleet mix in California;
(4)additional intermediate in-use compliance standards for light-duty trucks engineered for heavier duty cycles that have a base payload capacity of 2,500 lbs. or higher, or for vehicles certified to CARB's optional 150,000 mile standards;
(5)revisions to California's NMOG test procedures; and
(6)revisions to the fleet average NMOG requirements for independent low volume manufacturers. 2 EPA previously granted CARB a waiver of federal preemption for the LEV II standards. (68 FR 19811 (April 22, 2003)). 3 Docket entry OAR 2004-0057-0002, letter to EPA, from CARB, dated April 12, 2004. In an April 12, 2004 letter to EPA, CARB notified EPA of the above-described amendments to its LEV II regulations and asked EPA to confirm that these amendments are within-the-scope of EPA's previous waiver for the LEV II regulation. EPA can make such a confirmation if certain conditions are present. Specifically, if California acts to amend a previously waived standard or accompanying enforcement procedure, the amendment may be considered within-the-scope of a previously granted waiver provided that it does not undermine California's determination that its standards in the aggregate are as protective of public health and welfare as applicable Federal standards, does not affect the consistency with section 202(a) of the Act, and raises no new issues affecting EPA's previous authorization determination. 4 4 Decision Document accompanying scope of waiver determination in 51 FR 12391 (April 10, 1986). In its request letter, CARB stated that the amendments will not cause the California standards, in the aggregate, to be less protective of public health and welfare than the applicable Federal standards. Regarding consistency with section 202(a), CARB stated that the amendments do not raise any concerns of inadequate leadtime or technological feasibility or impose any inconsistent certification requirements (compared to the Federal requirements). Finally, CARB stated that the amendments raise no new issues affecting the prior EPA authorization determinations. EPA's analysis confirms CARB's finding that the criteria for these amendments meeting a within-the-scope designation have been met. Thus, EPA finds that these amendments are within-the-scope of a previous waiver. A full explanation of EPA's decision is contained in a Decision Document which may be obtained from EPA as noted above. III. Third Set of LEV II Amendments I have determined that the third set of amendments to the CARB's LEV II regulation are within-the-scope of a prior waiver issued under section 209(b) of the Clean Air Act (Act), 42 U.S.C. 7543(b), granted by EPA to CARB. 5 The amendments to the regulations, outlined in CARB's request letter 6 , and fully described in CARB's submissions, provide for:
(1)A change in the allowed maintenance schedule for test vehicles to account for new full useful life periods;
(2)revisions to the California Label Specifications;
(3)revisions to the test cycle for direct ozone reduction technologies;
(4)extending the high mileage testing requirement for vehicles certifying to the 150,000-mile emission standards;
(5)corrections to the number of “significant figures” to be included in measuring the 50° F standards;
(6)clarification of onboard refueling vapor recovery
(ORVR)requirements for gaseous fueled vehicles; and
(7)various minor changes to the LEV II regulatory language which have no new substantive effect. 5 EPA previously granted CARB a waiver of federal preemption for the LEV II standards. (68 FR 19811 (April 22, 2003)). 6 Docket entry OAR-2004-0057-0001, letter to EPA, from CARB, dated April 12, 2004. In an April 12, 2004 letter to EPA, CARB notified EPA of the above-described amendments to its LEV II regulations and asked EPA to confirm that these amendments are within-the-scope of a previous waiver. In its request letter, CARB stated that the amendments will not cause the California standards, in the aggregate, to be less protective of public health and welfare than the applicable Federal standards. Regarding consistency with section 202(a), CARB stated that the amendments do not raise any concerns of inadequate leadtime or technological feasibility or impose any inconsistent certification requirements (compared to the Federal requirements). Finally, CARB stated that the amendments raise no new issues affecting the prior EPA waiver determination. EPA's analysis confirms CARB's finding that the criteria for these amendments meeting a within-the-scope designation have been met. Thus, EPA finds that these amendments are within-the-scope of previous authorizations. A full explanation of EPA's decision is contained in a Decision Document which may be obtained from EPA as noted above. Because these amendments are within the scope of a previous waiver, a public hearing to consider them is not necessary. However, if any party asserts an objection to these findings by May 31, 2005, EPA will consider holding a public hearing to provide interested parties an opportunity to present testimony and evidence to show that there are issues to be addressed through a section 209(b) waiver proceeding and that EPA should reconsider its findings. Otherwise, these findings will become final on May 31, 2005. My decision will affect not only persons in California but also the manufacturers outside the State who must comply with California's requirements in order to produce vehicles for sale in California. For this reason, I hereby determine and find that this is a final action of national applicability. Under section 307(b)(1) of the Act, judicial review of this final action may be sought only in the United States Court of Appeals for the District of Columbia Circuit. Petitions for review must be filed by June 27, 2005. Under section 307(b)(2) of the Act, judicial review of this final action may not be obtained in subsequent enforcement proceedings. EPA's determination that these California regulations are within-the-scope of a prior waiver determination by EPA does not constitute a significant regulatory action under the terms of Executive Order 12866 and this action is therefore not subject to Office of Management and Budget review. In addition, this action is not a rule as defined in the Regulatory Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a supporting regulatory flexibility analysis addressing the impact of this action on small business entities. The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, does not apply because this action is not a rule, for purposes of 5 U.S.C. 804(3). Finally, the Administrator has delegated the authority to make determinations regarding waivers under section 209(b) of the Act to the Assistant Administrator for Air and Radiation. Dated: April 21, 2005. Jeffrey R. Holmstead, Assistant Administrator, Office of Air and Radiation. [FR Doc. 05-8529 Filed 4-27-05; 8:45 am]
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Traces to 22 documents
3 references not yet in our index
  • 18 CFR 34
  • 18 CFR 380
  • 16 USC 791a-825r
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cites case law
Notices
Notice regarding within-the-scope determination
C.F.R.§ 385.211
C.F.R.§ 154.210
C.F.R.§ 385.214
C.F.R.§ 157.10
C.F.R.§ 385.2001
C.F.R.§ 385.2010
C.F.R.§ 35.15
C.F.R.§ 35.9
C.F.R.§ 35.13
Cite18 CFR 34
Cite18 CFR 380
Cite16 USC 791a-825r
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