Notices. Notice of proposed rates

5,575 words·~25 min read·/register/2005/05/06/05-9080

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 Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests May 2, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of conduit exemption. b. *Project No:* 768-001. c. *Date Filed:* March 2, 2005. d. *Applicant:* Colorado Springs City. e. *Name of Project:* Ruxton Park—Manitou Springs Project. f. *Location:* The project is located on the Ruxton Creek, El Paso County, Colorado. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 823a. h. *Applicant Contact:* Mr.

Wayne E. Booker, General Manager, Planning and Engineering, Colorado Springs Utilities, 1521 Hancock Expressway, Colorado Springs, CO 80903,

(719)668-3505. i. *FERC Contact:* Any questions on this notice should be addressed to Mrs. Anumzziatta Purchiaroni at

(202)502-6191, or e-mail address: *anumzziatta.purchiaroni@ferc.gov.* j. *Deadline for filing comments and or motions:* June 3, 2005. k. *Description of Request:* The City of Colorado Springs,

(City)exemptee, filed an amendment application to make configuration changes at its two facilities. The City proposes to discontinue regular operation and power generation at the existing Ruxton Powerhouse, and to construct a new powerhouse building. The new building would be located adjacent to the existing plant, and would house a new 1,800 kW turbine-generator unit. The City proposes to maintain intact all the existing facilities to preserve historic context of the old powerhouse and its generating equipment. In addition, the City proposes to add an additional 575-kW turbine-generator unit at the Manitou Springs Powerhouse. l. *Locations of the Application:* A copy 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. E5-2216 Filed 5-5-05; 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 May 2, 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.:* 1432-007. c. *Date Filed:* March 28, 2005. d. *Applicants:* Wards Cove Packing Company (WCPC/Transferor) and Port Bailey Wild Enterprises, LLC (PBWE/Transferee). e. *Name of Project:* Dry Spruce Bay. f. *Location of Project:* On Dry Spruce Bay, in the Kodiak Island Borough of Alaska. The project occupies lands of the United States administered by the Bureau of Land Management. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicants Contacts:* Robert Hall, Wards Cove Packing Company, 88 East Hamlin Street, P.O. Box 5030, Seattle, WA 98105-0030 (Transferor); Robert S. Shane, II, Port Bailey Wild Enterprises, LLC, P.O. Box KPY, Kodiak, AK 99697-0060,

(866)292-3260 (Transferee). i. *FERC Contact:* Regina Saizan,

(202)502-8765. j. *Deadline for filing comments and motions to intervene:* June 3, 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 (P-1432-007) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors 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 any 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 documents on that resource agency. k. *Description of Application:* The Applicants jointly and severally seek Commission approval to transfer the license for the Dry Spruce Bay Project from WCPC to PBWE. l. *Location of Application:* A copy of the application is available for inspection and reproduction at the Commission in the 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. 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 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”, “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 Applicants 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 Applicants. 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 Applicants' representatives. Magalie R. Salas, Secretary. [FR Doc. E5-2217 Filed 5-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Transfer of Licenses and Soliciting Comments, Motions to Intervene, and Protests May 2, 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 licenses. b. *Project Nos.:* 2391-026, 2425-032, and 2509-028. c. *Date Filed:* April 15, 2005. d. *Applicants:* The Potomac Edison Company (Potomac Edison) Green Valley Hydro, LLC (Green Valley). e. *Name and Location of Projects:* Warren, Project No. 2391: Shenandoah River in Warren County, Virginia; Luray/Newport, Project No. 2425: South Fork of the Shenandoah River in Page County, Virginia; Shenandoah, Project No. 2509: South Fork of the Shenandoah River in Page County, Virginia. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a—825r. g. *Applicants Contacts:* Randall B. Palmer, Senior Attorney, Allegheny Energy, Inc., 800 Cabin Hill Drive, Greensburg, PA 15601,

(724)838-6894; John A. Whittaker, IV, Winston & Strawn, 1700 K Street, NW., Washington, DC 20006,

(202)282-5766. h. *FERC Contact:* James Hunter,

(202)502-6086. i. *Deadline for filing comments, protests, and motions to intervene:* June 3, 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 intervenors 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 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 documents on that resource agency. j. *Description of Application:* The Applicants seek after-the-fact Commission approval to transfer the licenses for the projects listed in item e. from Potomac Edison to Green Valley. The Applicants applied under Part II of the FPA for Commission approval to transfer most of the jurisdictional facilities associated with the projects, received that approval on June 30, 2000, and the facilities and lands were transferred from Potomac Edison to Green Valley on June 1, 2001. However, the application states that, through inadvertence, an application to transfer the licenses for the projects was not filed. 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-2391) 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 Applicants 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 Applicants. 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 Applicants' representatives. Magalie R. Salas, Secretary. [FR Doc. E5-2218 Filed 5-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Amendment of License and Soliciting Comments, Motions to Intervene, and Protests May 2, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment to the project license. b. *Project No:* 349-097. c. *Date Filed:* April 14, 2005. d. *Applicant:* Alabama Power Company (Alabama Power). e. *Name of Project:* Martin Dam Project. f. *Location:* The project is located on the Tallapoosa River in Coosa, Elmore, and Tallapoosa Counties, Alabama. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. Alan Peeples, Alabama Power Company, 600 N. 18th Street, P.O. Box 2641, Birmingham, AL 35291-8180,

(205)257-1401. i. *FERC Contact:* Any questions on this notice should be addressed to Mr. Robert Shaffer at

(202)502-8944, or e-mail address: *Robert.Shaffer@ferc.gov* j. *Deadline for filing comments and or motions:* June 3, 2005. k. *Description of Request:* Alabama Power filed an amendment application that would change the project boundary by removing two narrow strips of land upon which causeways have been built by Russell Lands Inc. at The Ridge on Lake Martin, an existing residential development, and adding to the project two undeveloped islands in the general area of the causeway. The amendment would remove approximately 0.62 acres of land from the project and add approximately 0.67 acres of land to the project in Elmore County, Alabama. l. *Locations of the Application:* A copy 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)502-8659. 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. E5-2219 Filed 5-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments May 2, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary permit. b. *Project No.:* 12580-000. c. *Date Filed:* April 1, 2005. d. *Applicant:* Shenango Dam Hydroelectric Company, LLC. e. *Name of Project:* Shenango Dam Project. f. *Location:* On the Shenango River, in Mercer County, Pennsylvania. The dam is administered by the U.S. Army Corps of Engineers (Corps). g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Clifford Phillip, Shenango Dam Hydroelectric Company, LLC, 150 North Miller Road, Suite 450C, Fairlawn, OH 44333,

(330)869-8451. i. *FERC Contact:* Robert Bell,

(202)502-6062. j. *Deadline for Filing Comments, Protests, and Motions to Intervene:* 60 days from the issuance date of this notice. 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 in 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. k. *Description of Project:* The proposed project would use the existing Corps Shenango Dam and would consist of:

(1)proposed intake,

(2)a proposed powerhouse containing two generating units having a total installed capacity of 2 megawatts,

(3)a proposed 400-foot-long, 14.7 kilovolt transmission line, and

(6)appurtenant facilities. The project would have an annual generation of 10 gigawatt-hours that would be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the 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. 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 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. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application ( *see* 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *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. 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 “e- filing” link. The Commission strongly encourages electronic filing. s. *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. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations 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. t. *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. E5-2220 Filed 5-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Washoe Project—Rate Order No. WAPA-119 AGENCY: Western Area Power Administration, DOE. ACTION: Notice of proposed rates. SUMMARY: The Western Area Power Administration (Western) is proposing a minor rate adjustment for non-firm energy from the Stampede Powerplant (Stampede), of the Washoe Project, located in Sierra County, California. The current rates expire September 30, 2005. The rate will provide sufficient revenue to repay all annual costs, including interest expense, and repay required investment within the allowable period. The rate impact is detailed in a rate brochure to be provided to all interested parties. The proposed new rate is scheduled to go into effect October 1, 2005, and will remain in effect through September 30, 2010. Publication of this **Federal Register** notice begins the formal process for the proposed rates. DATES: The consultation and comment period begins today and will end June 6, 2005. Western will accept written comments any time during the consultation and comment period. ADDRESSES: Send written comments to Ms. Debbie R. Dietz, Rates Manager, Sierra Nevada Customer Service Region, Western Area Power Administration, 114 Parkshore Drive, Folsom, CA 95630-4710, e-mail *ddietz@wapa.gov.* Western will post information about the rate process on its Web site at *http://www.wapa.gov/sn/customers/rates/#currentrates/.* Western will post official comments received via letter and e-mail to its Web site after the close of the comment period. Western must receive the written comments by the end of the consultation and comment period to ensure they are considered in Western's decision process. FOR FURTHER INFORMATION CONTACT: Ms. Debbie R. Dietz, Rates Manager, Sierra Nevada Customer Service Region, Western Area Power Administration, 114 Parkshore Drive, Folsom, CA 95630-4710,

(916)353-4453, e-mail *ddietz@wapa.gov.* SUPPLEMENTARY INFORMATION: Current rates for the sale of non-firm energy from Stampede consist of floor and ceiling rates and are designed to recover an annual revenue requirement. The proposed floor rate for non-firm energy from Stampede is 17.89 mills/kilowatthour (mills/kWh) and on average for the 5-year rate period provides sufficient revenue to pay for 96 percent of annual expenses, excluding interest expense. The current ceiling rate was set by a power repayment study and provides sufficient revenues to repay all annual costs, including interest expense, and the investment within the allowable period. The Central Valley Project

(CVP)Power Marketing Plan states that the output from the Washoe Project remaining after meeting project use loads will be marketed to CVP preference customers. Beginning January 1, 2005, the costs remaining after meeting project use requirements are included in the CVP power revenue requirement

(PRR)on an annual basis. This situation makes it unnecessary to establish a new proposed ceiling rate for Stampede. Western's Contract No. 94-SAO-00010 with the Sierra Pacific Resources (Sierra) sets the floor rate. Based on estimated expenses and projected revenues generated from the floor rate, Western anticipates including an annual average cost of $401,000 in the CVP PRR for the 5-year rate case period (fiscal year 2006-2010). To serve project use loads and market the energy from Stampede, Western's contract with Sierra provides for the Stampede Energy Exchange Account (SEEA). SEEA is an annual energy exchange account for Stampede energy. Under this contract, Sierra accepts delivery of all energy generated from Stampede into Sierra's electrical system. The dollar value of the Stampede energy received by Sierra during any month is credited into the SEEA at the floor rate. Western can use the SEEA to benefit project use facilities and market energy from Stampede to preference entities. The formula for the proposed floor rate, per the contract with Sierra, is equal to 85 percent of the then effective, non-time differentiated rate provided in Sierra's California Quarterly Short-Term Purchase Price Schedule for as-available purchases from qualifying facilities with capacities of 100 kilowatts

(kW)or less. This proposed floor rate is used to calculate the value of the SEEA and determines the benefit of Stampede power for project use loads. Western applies the ratio of projected project use costs to the projected revenue recorded in the SEEA to determine a non-reimbursable percentage. This non-reimbursable percentage is then applied to the appropriate power-related costs to determine the reimbursable costs. The reimbursable costs are reduced by revenues from sales made at the floor rate. Under the 2004 CVP Power Marketing Plan, the remaining reimbursable costs and the estimated energy remaining after meeting project use service are then transferred to the CVP PRR. The propose rate formula for Stampede power is: Stampede Annual Transferred PRR = Stampede Annual PRR − Stampede Revenue Where: Stampede Annual Transferred PRR = Stampede annual costs (Power Revenue Requirement) and associated energy transferred to the CVP. Stampede Annual PRR = The total power revenue requirement for Stampede required to repay all annual costs, including interest and the investment within the allowable period. Stampede Revenue = Revenue generated from the floor rate and project generation. Western will review the total PRR for Stampede annually in or around April of each year. According to Contract No. 94-SAO-00010 that governs SEEA administration, in April of each year, Western is notified of the balance of the SEEA. According to the rate procedures for the CVP, Western will review the CVP PRR in March and September of each year. Western will analyze the CVP financial data from October through February, to the extent information is available, as well as forecasted data for March through September. In the case of Stampede, Western will use the disposition of the SEEA account through February and estimate March through September to determine the amount of costs to be included in the CVP PRR. Again, in September when the next review occurs, Western will use the same methodology to include costs in the CVP PRR. Western estimates the Stampede Annual Transferred PRR for October 2005 through September 2006 to be $401,000. A comparison of existing and proposed rates follows: Comparison of Existing and Proposed Rates [Washoe Project, Stampede Powerplant] Non-firm existing rates Existing rates as of 10/1/00 (Mills/kWh) Proposed rates (effective 10/1/05) Percent change Floor Rate (Mills/kWh) 17.89 17.89 0 Ceiling Rate 90.07 N/A N/A Legal Authority Stampede is a feature of the Washoe Project authorized by Congress in 1956 and is located on the Little Truckee River in Sierra County, California. The powerplant has a maximum operating capability of 3,650 kW with an estimated annual generation of 11 million kilowatthours (kWh). Since Stampede has an installed capacity of less than 20,000 kW and generates less than 100 million kWh annually for sale, the proposed rates constitute a minor rate adjustment. Western has determined that it is not necessary to hold a public information or comment forum for this proposed minor rate adjustment as defined by 10 CFR part 903. After review of public comments, and possible amendments or adjustments, Western will recommend the Deputy Secretary of Energy approve proposed rates for non-firm energy from Stampede on an interim basis. These proposed rates for non-firm energy for Stampede are being established under the Department of Energy Organization Act (42 U.S.C. 7152); the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent laws, particularly section 9(c) of the Reclamation Act of 1939 (43 U.S.C. 485h(c)); and other acts that specifically apply to the project involved. By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:

(1)The authority to develop power and transmission rates to Western's Administrator;

(2)the authority to confirm, approve, and place such rates into effect, on an interim basis, to the Deputy Secretary of Energy; and

(3)the authority to confirm, approve, and place into effect, on a final basis, to remand or to disapprove such rates to the Commission. Existing Department of Energy

(DOE)procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985 (50 FR 37835). Availability of Information All brochures, studies, comments, letters, memorandums, or other documents that Western initiates or uses to develop the proposed rates are available for inspection and copying at the Sierra Nevada Regional Office, located at 114 Parkshore Drive, Folsom, California. Many of these documents and supporting information are also available on the Web site under the “Current Rates” section located at *http://www.wapa.gov/sn/customers/rates/#currentrates/.* Regulatory Procedure Requirements Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, *et seq.* ) requires Federal agencies to perform a regulatory flexibility analysis if a final rule is likely to have a significant economic impact on a substantial number of small entities and there is a legal requirement to issue a general notice of proposed rulemaking. This action does not require a regulatory flexibility analysis since it is a rulemaking of particular applicability involving rates or services applicable to public property. Environmental Compliance In compliance with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321, *et seq.* ); Council on Environmental Quality Regulations (40 CFR parts 1500-1508); and DOE NEPA Regulations (10 CFR part 1021), Western has determined this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; so this notice requires no clearance by the Office of Management and Budget. Small Business Regulatory Enforcement Fairness Act Western has determined this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking of particular applicability relating to rates or services and involves matters of procedure. Dated: April 25, 2005. Michael S. Hacskaylo, Administrator. [FR Doc. 05-9080 Filed 5-5-05; 8:45 am]

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