Notices. Notice

6,904 words·~31 min read·/register/2005/09/12/05-18022·

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

BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [RP05-544-000, et al.] CenterPoint Energy—Mississippi River Transmission Corporation et al.; Notice of Proposed Changes in FERC Gas Tariff September 2, 2005. In the matter of: RP05-570-000, RP05-570-000, RP05-575-000, RP05-548-000, RP05-576-000, RP05-541-000, RP05-539-000, RP05-540-000, RP05-542-000, RP05-563-000, RP05-400-001, RP05-547-000, RP05-554-000, RP05-568-000, RP05-562-000, RP05-538-000, RP05-577-000, RP05-545-000, RP05-558-000, RP05-569-000, RP05-557-000, RP05-551-000, RP05-555-000, RP05-455-001, RP05-571-000, RP05-592-000, RP05-572-000, RP05-543-000, RP05-556-000, RP05-561-000, RP05-578-000, RP05-579-000:

Chandeleur Pipe Line Company, Chandeuleur Pipe Line Company, Colorado Interstate Gas Company, Eastern Shore Natural Gas Company, El Paso Natural Gas Company, Enbridge Pipelines (AlaTenn) L.L.C., Enbridge Pipelines (KPC), Enbridge Pipelines (Midla) L.L.C., Garden Banks Gas Pipeline, L.L.C., Guardian Pipeline, L.L.C., Gulf South Pipeline Company, LP, Kern River Gas Transmission Company, Kinder Morgan Interstate Gas Transmission LLC, KO Transmission Company, Midwestern Gas Transmission Company, Mississippi Canyon Gas Pipeline, LLC, Mojave Pipeline Company, Nautilus Pipeline Company, L.L.C., Northeast Pipeline Corporation, Ozark Gas Transmission, L.L.C., Panther Interstate Pipeline Energy, LLC., Questar Pipeline Company, Questar Southern Trails Pipeline Company, Sabine Pipe Line LLC, Sabine Pipe Line LLC, SCG Pipeline, Inc., Southern Star Central Gas Pipeline, Inc., Stingray Pipeline Company, L.L.C., TransColorado Gas Transmission Company, Viking Gas Transmission Company, Wyoming Interstate Company, Ltd., Young Gas Storage Company, Ltd.

Take notice that the above-referenced pipelines tendered for filing their tariff sheets respectively, pursuant to Section 154.402 of the Commission's regulations, to reflect the Commission's change in the unit rate for the Annual Charge Adjustment

(ACA)surcharge to be applied to rates for recovery of 2005 Annual Charges. The proposed effective date of the tariff sheets is October 1, 2005. The above-referenced pipelines state that the purpose of their filings is to reflect the revised ACA effective for the twelve-month period beginning October 1, 2005. The pipelines further state that their tariff sheets reflect a decrease of $0.0001 per Dth in the ACA adjustment surcharge, resulting in a new ACA rate of $0.0018 Dth as specified by the Commission in its invoice dated June 30, 2005, for the Annual Charge Billing—Fiscal year 2005. Due to the large number of pipelines that have filed to comply with the Annual Charge Adjustment Billing, the Commission is issuing this single notice of the filings included in the caption. Any person desiring to become part in any of the listed dockets must file a separate motion to intervene in each docket for which they wish party status. 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 date as indicated below. 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. *Intervention, Protest Date:* 5 p.m. eastern time on September 13, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-4956 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2602] Duke Power, a Division of Duke Energy Corporation, Nantahala Area; Notice of Authorization or Continued Project Operation September 6, 2005. On July 22, 2003, Duke Power, a division of Duke Energy Corporation, Nantahala Area, licensee for the Dillsboro Project No. 2602, filed an application for subsequent license pursuant to the Federal Power Act

(FPA)and the Commission's regulations. The application for subsequent license will be held in abeyance pending Commission processing of a surrender application filed on June 1, 2004. Project No. 2602 is located on the Tuckasegee River in Jackson County, North Carolina. The license for Project No. 2602 was issued for a period ending July 31, 2005. Based on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), the licensee is to continue to operate the project in accordance with the terms and conditions of its license until the Commission acts on its application for subsequent license, accepts its surrender application, or takes other appropriate action. Magalie R. Salas, Secretary. [FR Doc. E5-4963 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-132-000] Nevada Power Company and GenWest LLC; Notice of Application To Authorize Disposition of Jurisdictional Facilities September 6, 2005. Take notice that on August 31, 2005, Nevada Power Company (Nevada Power) and GenWest LLC, submitted an application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities whereby Nevada Power would acquire a 75 percent ownership interest in the Silverhawk Power Station (the Transaction). The Applicants request confidential treatment of certain portions of the application, including the portions of the Asset Purchase Agreement pursuant to which the Transaction would be consummated. 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, 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 the parties in 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. *Comment Date:* 5 p.m. eastern time on October 14, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-4957 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-230-015, ER01-3155-012, ER01-1385-021 and EL01-45-020] New York Independent System Operator, Inc.; Notice of Filing September 6, 2005. Take notice that on August 8, 2005, New York Independent System Operator, Inc., (NYISO) submitted its fourth quarterly report pursuant to the NYISO's commitment in its Request for Rehearing, and the Commission's directive in its Order on Rehearing issued June 24, 2005 in Docket Nos. ER04-230-006, ER01-3155-006, ER01-1385-015, and EL01-45-014. 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, 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 the parties in 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. *Comment Date:* 5 p.m. eastern time on September 13, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-4960 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-130-000] Premcor Inc., Valero Energy Corp.; Notice of Withdrawal September 6, 2005. Take notice that on August 31, 2005, Premcor Inc. and Velero Energy Corp., (Applicants) pursuant to Rule 216 of the Commission's Rules of Practice and Procedures, give notice of withdrawal of Application for Disposition of Jurisdictional Assets, submitted on August 19, 2005. Applicants state that a copy of this letter has been served on each person on the official service list. 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, 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 the parties in 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. *Comment Date:* 5 p.m. eastern time on September 21, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-4966 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-38-003] Oklahoma Municipal Power Authority and American Electric Power Service Corporation; Notice of Compliance Filing September 6, 2005. Take notice that on August 24, 2005, American Electric Power Service Corporation

(AEP)submitted an unexecuted Network Integration Transmission Service Agreement with Oklahoma Municipal Power Authority pursuant to the Order Denying Rehearing and Conditionally Accepting Compliance Filing, Instituting Investigation, and Establishing Refund Effective Date and Hearing and Settlement Judge Procedures issued in *Oklahoma Municipal Power Authority* v. *American Electric Power Service Corp.* , 112 FERC ¶ 61,107 (2005). AEP states that copies of the filing were served on parties on the official service list. 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, 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 the parties in 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. *Comment Date:* 5 p.m. eastern time on September 23, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-4958 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 September 6, 2005. Take notice that the Commission received the following electric rate filings. *Docket Numbers: ER02-2227-003,* ER02-2229-002, ER03-24-002, ER03-36-003. *Applicants:* Creed Energy Center, LLC, Goose Haven Energy Center, LLC; Los Esteros Critical Energy Facility, LLC; Calpine Northbrook Energy Marketing, LLC. *Description: The above referenced applicants, together, Calpine Entities, submit a joint updated market power analysis.* *Filed Date:* 08/30/2005. *Accession Number:* 20050902-0009. *Comment Date:* 5 p.m. eastern time on Tuesday, September 20, 2005. *Docket Numbers: ER04-445-012.* *Applicants:* California Independent System Operator Corporation. *Description: California Independent System Operator Corp.,submits its interim Standard Large Generator Interconnection Procedures.* *Filed Date:* 08/30/2005. *Accession Number: 20050902-0010.* *Comment Date:* 5 p.m. eastern time on Tuesday, September 20, 2005. *Docket Numbers: ER99-230-009,* ER03-762-009, ER03-533-002. *Applicants:* Alliant Energy Corporate Services, Inc., Alliant Energy Neenah, LLC. *Description: Alliant Energy Corporate Services, Inc., on behalf of itself and Alliant Energy Neenah, LLC, makes corrections to their June 30, 2005 filing pertaining to the wholesale power sales for AECs's market based rate.* *Filed Date:* 08/30/2005. *Accession Number: 20050902-0011.* *Comment Date:* 5 p.m. eastern time on Tuesday, September 20, 2005. *Docket Numbers: ER05-1333-000,* ER05-1421-000. *Applicants:* Southern Company Services, Inc. *Description: Southern Company Services, Inc. on behalf of Southern Companies submits revisions to the Large Generator Interconnection Procedures in compliance with Order 2003-C and Order No. 2006, to become effective 8/15/05.* *Filed Date:* 08/15/2005. *Accession Number: 20050816-0194.* *Comment Date:* 5 p.m. eastern time on Tuesday, September 06, 2005. Any person desiring to intervene or to protest in any of the above proceedings 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) on or before 5 p.m. eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. 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. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also 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 dockets(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. E5-4955 Filed 9-9-05; 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 September 6, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of license to change project design and capacity. b. *Project No.:* 10228-038. c. *Date Filed:* May 5, 2005. d. *Applicant:* Cannelton Hydroelectric Project, L.P. e. *Name of Project:* Cannelton. f. *Location:* The project would be located at the existing Corps of Engineers' Cannelton Locks and Dam on the Ohio River, Hancock County, Kentucky. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contacts:* Mr. James Price, P.O. Box 5550, Aiken, SC 29804,

(803)642-2749. i. *FERC Contact:* Any questions on this notice should be addressed to Mohamad Fayyad at

(202)502-8759, or e-mail address: *mfayyad@ferc.gov* j. *Deadline for filing comments and or motions:* October 7, 2005. k. *Description of Filing:* The City of Marion, Kentucky, and Smithland Hydroelectric Partners filed an application to modify the configuration of the Smithland Lock and Dam Project. The licensees propose to install three generating units (as was originally authorized) instead of the currently authorized Hydromatrix design that consists of 140 small generating units. The proposed design would change the installed capacity from 79.8 MW to 71 MW, and the hydraulic capacity from 55,200 cfs to 49,000 cfs. 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. 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 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

(360)385-1733, ext. 120. i. *FERC Contact:* Alan Mitchnick,

(202)502-6074 or *alan.mitchnick@ferc.gov.* j. *Cooperating Agencies:* We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing such requests described in item l below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. *See,* 94 FERC ¶ 61,076 (2001). k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. *Deadline for Filing Additional Study Requests and Requests for Cooperating Agency Status:* October 28, 2005. *All Documents (Original and Eight Copies) Should Be Filed With:* Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Additional study requests and requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. m. This application is not ready for environmental analysis at this time. n. *Project Description:* Water from Reid Falls, Icy Creek, and Snyder Creek is diverted to Lower Dewey Lake, which in turn, flows into Dewey reservoir. The project withdraws water from Dewey reservoir to supply the powerhouse. Existing project features include: the 26-foot-long, 8-foot-high Reid Falls diversion dam that diverts water into a 14-inch-diameter, 1,280-foot-long steel pipeline running to Icy Creek; the 102-foot-long, 5-foot-high Icy Lake dam impounding the 3.4-acre Icy Lake; the 30-foot-long and 3-foot-high Snyder Creek diversion dam that diverts water from Snyder Creek into a diversion channel that conveys water to Lower Dewey Lake; the 629-foot-long, 28-foot-high Lower Dewey Lake dam, impounding the 32.8-acre Lower Dewey Lake; the 132-foot-long, 30-foot-high, Dewey reservoir dam, impounding 2.7 acres; a 300-foot-long canal running between Lower Dewey Lake and Dewey reservoir; three penstocks that run from the Dewey reservoir dam about 1,850 feet to the project's powerhouse that sits adjacent to Pullen Creek within the City of Skagway; and a powerhouse containing four turbines with a total installed capacity of 943 kilowatts. No changes to the project are proposed. o. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. With this notice, we are initiating consultation with the Alaska State Historic Preservation Officer (SHPO), as required by § 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. q. *Procedural Schedule and Final Amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. Issue Deficiency Letter (if needed) Issue Acceptance letter—October 2005 Issue Scoping Document for comments—November 2005 Request Additional Information (if needed)—January 2005 Notice of application is ready for environmental analysis—April 2006 Notice of the availability of the EA—September 2006 Ready for Commission's decision on the application—December 2006 Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Magalie R. Salas, Secretary. [FR Doc. E5-4962 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application To Amend License, and Soliciting Comments, Motions To Intervene, and Protests September 6, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of license to change project design and capacity. b. *Project No.:* 6641-067. c. *Date Filed:* May 3, 2005. d. *Applicant:* City of Marion, Kentucky, and Smithland Hydroelectric Partners. e. *Name of Project:* Smithland Lock and Dam Project. f. *Location:* The Project is located on the Ohio River in Livingston County, Kentucky. The project will affect federal lands at the U.S. Army Corps of Engineers' Smithland Lock and Dam. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. James Price, P.O. Box 5550, Aiken, SC 29804,

(803)642-2749. i. *FERC Contact:* Any questions on this notice should be addressed to Mohamad Fayyad at

(202)502-8759 or *mfayyad@ferc.gov.* j. *Deadline for filing comments and/or motions:* October 7, 2005. k. *Description of Filing:* The City of Marion, Kentucky, and Smithland Hydroelectric Partners filed an application to modify the configuration of the Smithland Lock and Dam Project. The licensees propose to install three generating units (as was originally authorized) instead of the currently authorized Hydromatrix design that consists of 170 small generating units. The proposed design would change the installed capacity from 83 MW to 66 MW, and the hydraulic capacity from 63,500 cfs to 48,000 cfs. 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)502-8659. 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. E5-4964 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the Record Communications; Public Notice September 6, 2005. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary, a copy of the communication, if written, or a summary of the substance of any oral communication. Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of off-the-record communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers in ascending order. These filings are 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 (FERRIS) 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 for TTY, contact

(202)502-8659. Docket No. Date received Presenter or requester Prohibited: 1. CP05-32-000 8-30-05 Lee Geil 2. CP05-32-000 8-31-05 Lee Geil 3. EL04-412-000 8-30-05 Denise Rogers ER03-563-000 4. Project No. 2984-042 8-30-05 Robert L. Adam Exempt: 1. CP05-83-000 8-30-05 Laura Turner 2. EL04-412-000 8-30-05 Jeffrey K. Jordan ER03-563-000 3. Project No. 459-128 8-30-05 Alan Creamer 4. Project No. 1971-000 9-1-05 Craig A. Jones 5. Project No. 2692-032 9-1-05 Donley Hill Magalie R. Salas, Secretary. [FR Doc. E5-4965 Filed 9-9-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [SFUND-2005-0008, FRL-7967-3] Agency Information Collection Activities: Proposed Collection; Comment Request; Emergency Planning and Release Notification Requirements (EPCRA Sections 302, 303, and 304); EPA ICR Number 1395.06, OMB Control Number 2050-0092 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a continuing Information Collection Request

(ICR)to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on February 28, 2006. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before November 14, 2005. ADDRESSES: Submit your comments, referencing docket ID number SFUND-2005-0008, to EPA online using EDOCKET (our preferred method), by e-mail to *superfund.docket@epa.gov* , or by mail to: EPA Docket Center, Environmental Protection Agency, Superfund Docket, Mail Code 5305T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-564-8019; fax number: 202-564-2625; e-mail address: *jacob.sicy@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has established a public docket for this ICR under Docket ID number SFUND-2005-0008, which is available for public viewing at the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

(202)566-1744, and the telephone number for the Superfund Docket is

(202)566-0276. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket* . Use EDOCKET to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA within 60 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov./edocket* . *Affected entities:* Entities potentially affected by this action are those which have a threshold planning quantity of an extremely hazardous substance

(EHS)listed in 40 CFR part 355, Appendix A and those which have a release of any of the EHS above a reportable quantity. Entities more likely to be affected by this action may include chemical manufacturers, non-chemical manufacturers, retailers, petroleum refineries, utilities, etc. *Title:* Emergency Planning and Release Notification Requirements (EPCRA sections 302, 303, and 304) *Abstract:* The authority for these requirements is sections 302, 303, and 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 1986 (42 U.S.C. 11002, 11003, and 11004). EPCRA established broad emergency planning and facility reporting requirements. Section 302 requires facilities to notify their state emergency response commission

(SERC)that the facility is subject to emergency planning. This activity has been completed; this ICR covers only new facilities that are subject to this requirement. Section 303 requires the local emergency planning committees (LEPCs) to prepare emergency plans for facilities that are subject to section 302. This activity has been also completed; this ICR only covers any updates needed for these emergency response plans. Section 304 requires facilities to report to SERCs and LEPCs releases in excess of the reportable quantities listed for each extremely hazardous substance (EHS). This ICR also covers the notification and the written follow-up required under this section. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. The EPA would like to solicit comments to:

(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(ii)Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii)Enhance the quality, utility, and clarity of the information to be collected; and

(iv)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Burden Statement:* The average reporting burden for emergency planning under 40 CFR 355.30 is 16.15 hours for new facilities and 1.50 hours for existing facilities. For new facilities, this burden includes the time required to read and understand the regulations, to determine reporting status, notify the SERC that the facility is subject to emergency planning, designate a facility representative and otherwise participate in initial planning activities and provide information to the LEPC for planning purposes (11 hours). For a limited number of existing facilities, there may a burden to inform the LEPC of any changes at the facility that may affect emergency planning (1.50 hours). The average reporting burden for facilities reporting releases under 40 CFR 355.40 is estimated to average approximately 5 hours per release, including the time for determining if the release is a reportable quantity, notifying the LEPC and SERC, or the 911 operator, and developing and submitting a written follow-up notice. There are no recordkeeping requirements for facilities under EPCRA Sections 302-304. The total burden to facilities over three years is 264,560 hours at a cost of $8.8 million. The average burden for emergency planning activities is 21 hours per plan for LEPCs, and 16 hours per plan for SERCs. Each SERC and LEPC is also estimated to incur an annual recordkeeping burden of 10 hours. The total burden to LEPC and SERC over three years is 372,820 hours at a cost of $9.5 million. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Dated: September 2, 2005. Deborah Y. Dietrich, Director, Office of Emergency Management. [FR Doc. 05-18022 Filed 9-9-05; 8:45 am]

Connectionstraces to 11

Traces to 11 documents

CFR