Notices. Proposed consent agreement

9,414 words·~43 min read·/register/2005/10/11/05-20312

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

BILLING CODE 4000-01-U DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RT01-27-000] Electric Energy, Inc.; Notice of Filing October 4, 2005. Take notice that on September 1, 2005, Electric Energy, Inc.

(EEI)pursuant to the Commission's letter order issued February 8, 2005, submitted a report on its recent and current efforts with respect to regional transmission organizations. 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 online 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 October 14, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-5550 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-153-000] Indiana Municipal Power Agency; Notice of Filing October 4, 2005. Take notice that on September 28, 2005, Indiana Municipal Power Agency

(IMPA)tendered for filing an initial Rate Schedule No. 4 and supporting cost data to establish its annual revenue requirements for providing Reactive Supply and Voltage Control from Generation Sources. IMPA requests an effective date for the proposed Rate Schedule FERC No. 3 as of November 1, 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, 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 October 14, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-5554 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG05-102-000] Noble Thumb Windpark I, LLC; Notice of Application for Commission Determination of Exempt Wholesale Generator Status October 4, 2005. Take notice that on September 28, 2005, Noble Thumb Windpark I, LLC (Noble) submitted for filing an application for determination of exempt wholesale generator status pursuant to Part 365 of the Commission's regulations. 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 October 19, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-5551 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG05-103-000] Palomar Energy, LLC; Notice of Filing October 4, 2005. Take notice that on September 30, 2005, Palomar Energy, LLC (Palomar), 101 Ash Street, San Diego, California 92101 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. Palomar states that its facility consists of two gas-fired combustion turbine generators and a steam turbine generator with a total nominal power output of approximately 550 MW, currently under construction in Escondido, California. 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 online 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 October 21, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-5552 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-135-000779540] TransCanada PipeLines Limited; Alberta Ltd.; TransCanada PipeLine USA Ltd.; TransCanada OSP Holdings Ltd.; TCPL Power Ltd.; Ocean State Power; Ocean State Power II; Notice of Filing October 4, 2005. Take notice that on September 30, 2005, TransCanada PipeLines Limited, 779540 Alberta Ltd, TransCanada PipeLine USA Ltd., TransCanada OSP Holdings Ltd, and TCPL Power Ltd., (collectively, Applicants) filed an amendment to its application filed on September 7, 2005, pursuant to section 203 of the Federal Power Act. Applicants state that this amendment adds two additional applicants to the application—Ocean State Power and Ocean State Power II. 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. E5-5558 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-147-000] Milford Power Company, LLC; Notice of Amended Complaint October 4, 2005. Take notice that on September 29, 2005, Milford Power Company, LLC (Milford) filed an amended complaint requesting a Commission Order directing ISO New England to grant Milford's Requested Billing Adjustments. Milford states this amended complaint amends the Complaint filed on August 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 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. *Comment Date:* 5 p.m. eastern time on December 19, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-5553 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL00-95-000 and EL00-98-000] San Diego Gas & Electric Company, Complainant, v. Sellers of Energy and Ancillary Services Into Markets Operated by the California Independent System Operator and the California Power Exchange, Respondents. Investigation of Practices of the California Independent System Operator and the California Power Exchange; Notice Granting Motion to Defer Filing of Comments October 3, 2005. 1. On August 25, 2005, pursuant to the Order on Cost Recovery, Revising Procedural Schedule for Refunds, and Establishing Technical Conference, 1 Federal Energy Regulatory Commission (Commission) staff convened a technical conference to finalize the format of the uniform template for cost filings. Filing dates for responsive pleadings were established at the technical conference, with initial comments on cost filings being due on October 11, 2005, and reply comments being due October 17, 2005. 2 On September 22, 2005, California Parties 3 filed a motion asking the Commission to allow them to defer filing their comments on the cost filing submitted by Enron Power Marketing, Inc., Enron Energy Services, Inc., and Enron North America Corp. (collectively, Enron). California Parties state that on August 24, 2005, they, along with Enron and other parties, filed a Joint Offer of Settlement with the Commission (Enron Settlement). California Parties state that approval of the Enron Settlement would obviate California Parties' need to address Enron's cost filing. California Parties note, however, that the Commission has not acted on the Enron Settlement, and may not rule on it prior to October 11, 2005, the date on which comments on cost filings are due. California Parties request permission to defer their filing of comments on Enron's cost filing until 21 days after any unfavorable ruling on the Enron Settlement, so as to conserve their time and financial resources. 4 California Parties further assert that, if the Commission were to grant the motion, it would also be appropriate to grant Enron a delayed six day reply comment period, consistent with the six day reply period in the current comment schedule. 5 In addition, given the impending October 11, 2005 deadline for filing comments on cost filings, California Parties request expedited treatment of their motion. 1 *San Diego Gas & Electric Co.* v. *Sellers of Energy and Ancillary Services* , 112 FERC ¶ 61,176 at Ordering Paragraph

(2005)(August 8 Order). 2 *See* Cost Recovery Template, Docket Nos. EL00-95-000 and EL00-98-000 (August 26, 2005). 3 The California Parties are the People of the State of California, ex rel. Bill Lockyer, Attorney General; the California Electricity Oversight Board; the California Public Utilities Commission; Pacific Gas & Electric Company; and Southern California Edison Company. 4 California Parties' Motion at 4-5. 5 Id. at 5 n.8. 2. On September 28, 2005, Enron filed an answer supporting California Parties' motion. In addition, Enron requested an extension of time to file reply comments until nine days after the expiration of California Parties' proposed revised comment period, if the Enron Settlement were rejected and California Parties were to file comments on Enron's cost filing. 6 6 Enron's Answer at 2. 3. We grant California Parties' motion, and we extend to all signatories to the Enron Settlement permission to defer filing comments and reply comments on Enron's cost filing until specified dates after the Commission rules on the Enron Settlement. California Parties and Enron aim to avoid devoting resources to a task that may prove unnecessary for them, and for all settling parties, if the Commission approves the Enron Settlement. Accordingly, we will allow California Parties and other Enron Settlement signatories to defer filing comments on Enron's cost filing until 21 days after the issuance of any determination on the Enron Settlement. Similarly, we will allow Enron to defer filing a reply to any deferred comments until six days after the expiration date of the revised comment period. While Enron requested nine days to reply to California Parties' comments because “[t]he cost recovery filing is complex, and, if history is any guide, the California Parties' comments will be detailed and voluminous,” it would be inequitable to grant the additional three days. 7 Under the current schedule, all other parties who made cost filings have six days to reply to California Parties' comments on their cost filings, and Enron offers no justification why California Parties' comments would be more extensive on Enron's cost filing than any other cost filing. 7 Id. at 2. 4. Finally, we clarify that this deferral extends only to California Parties, Enron and all other signatories to the Enron Settlement. All remaining parties who intend to file comments on Enron's cost filing must do so according to the October 11, 2005 deadline, or forgo their opportunity to do so. Similarly, Enron must file any response to those comments by October 17, 2005. The Commission is committed to completing the refund proceeding as expeditiously as possible, which includes completing its review of all cost filings, including Enron's, according to the timetable set forth in the August 8 Order. By direction of the Commission. Magalie R. Salas, Secretary. [FR Doc. E5-5549 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 October 3, 2005. Take notice that the Commission received the following electric rate filings. *Docket Numbers:* ER01-931-005; ER05-1178-002; ER01-930-005; ER05-1191-002. *Applicants:* Entegra Power Group LLC. *Description:* Entegra Power Group LLCfiled a response to FERC's 8/30/05 deficiency letter. *Filed Date:* 09/28/2005. *Accession Number:* 20050930-0001. *Comment Date:* 5 p.m. eastern time on Wednesday, October 19, 2005. *Docket Numbers:* ER05-1225-003. *Applicants:* New York Industrial Energy Buyers, LLC. *Description:* New York Industrial Energy Buyers, LLC submits an amendment to its 8/3/05 application for market-based rates. *Filed Date:* 09/28/2005. *Accession Number:* 20050930-0008. *Comment Date:* 5 p.m. eastern time on Wednesday, October 19, 2005. *Docket Numbers:* ER05-1226-002. *Applicants:* New York Commercial Energy Buyers, LLC. *Description:* New York Industrial Energy Buyers, LLC submits an amendment change to its 8/3/05 application for market-based rates. *Filed Date:* 09/28/2005. *Accession Number:* 20050930-0009. *Comment Date:* 5 p.m. eastern time on Wednesday, October 19, 2005. *Docket Numbers:* ER05-1328-001. *Applicants:* Central Maine Power Company. *Description:* Central Maine Power Co submits a revision to an unexecuted Local Network Agreements with Newark Group Gardiner Paperboard. *Filed Date:* 09/28/2005. *Accession Number:* 20050930-0010. *Comment Date:* 5 p.m. eastern time on Wednesday, October 19, 2005. *Docket Numbers:* ER05-1510-000. *Applicants:* Northeast Utilities Service Company. *Description:* Northeast Utilities Service Co on behalf of Connecticut Light and Power Co et al submits a notice of termination to the Power Supply Agreement with Princeton Municipal Electric Department. *Filed Date:* 09/27/2005. *Accession Number:* 20050928-0216. *Comment Date:* 5 p.m. eastern time on Tuesday, October 18, 2005. *Docket Numbers:* ER05-1511-000. *Applicants:* Noble Thumb Windpark I, LLC. *Description:* Noble Thumb Windpark I LLC submits its application for Order Accepting Initial Rate Schedule, Waiving Regulations, and Granting Blanket Approvals and Request for Expedited Considerations. *Filed Date:* 09/28/2005. *Accession Number:* 20050930-0005. *Comment Date:* 5 p.m. eastern time on Wednesday, October 19, 2005. *Docket Numbers:* ER05-1512-000. *Applicants:* PJM Interconnection L.L.C. *Description:* PJM Interconnection, LLC submits an executed interconnection service agreement with Wellington Development-WDVT, LLC and West Penn Power Co. dba Allegheny Power. *Filed Date:* 09/28/2005. *Accession Number:* 20050930-0014. *Comment Date:* 5 p.m. eastern time on Wednesday, October 19, 2005. *Docket Numbers:* ER05-1514-000. *Applicants:* Southern Company Services, Inc. *Description:* Southern Company Services, Inc on behalf of Southern Companies submits an informational filing to update FERC Annual Charge component. *Filed Date:* 09/28/2005. *Accession Number:* 20050930-0012. *Comment Date:* 5 p.m. eastern time on Wednesday, October 19, 2005. *Docket Numbers:* ER05-1515-000. *Applicants:* Texas Retail Energy, LLC. *Description:* Application of Texas Retail Energy LLC for order accepting market-based rate tariff for filing granting waivers and blanket approvals. *Filed Date:* 09/28/2005. *Accession Number:* 20050930-0003. *Comment Date:* 5 p.m. eastern time on Wednesday, October 19, 2005. *Docket Numbers:* ER05-651-003. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc submits a revised version of the Large Generator Interconnection Agreement with FPL Energy Cowboy Wind, LLC et al pursuant to Commission Order issued 8/25/05. *Filed Date:* 09/27/2005. *Accession Number:* 20050929-0088. *Comment Date:* 5 p.m. eastern time on Tuesday, October 18, 2005. *Docket Numbers:* ER95-1441-022. *Applicants:* ConocoPhillips Company. *Description:* ConocoPhillips Co submits amended triennial market power analysis and revision to FERC Electric Tariff No. 1. *Filed Date:* 09/22/2005. *Accession Number:* 20050930-0208. *Comment Date:* 5 p.m. eastern time on Thursday, October 13, 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 and 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. E5-5547 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 9184-013] Flambeau Hydro, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene and Protests October 3, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Subsequent License. b. *Project No.:* P-9184-013. c. *Date Filed:* June 10, 2005. d. *Applicant:* Flambeau Hydro, LLC. e. *Name of Project:* Danbury Hydroelectric Project. f. *Location:* On the Yellow River in Burnett County, Wisconsin. The project does not occupy federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Scott Klabunde, North American Hydro, Inc., P.O. Box 167, Neshkoro, WI 54960; 920-293-4628 ext. 14. i. *FERC Contact:* Tim Konnert,

(202)502-6359 or *timothy.konnert@ferc.gov* . j. *Deadline for filing motions to intervene and protests:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commissions Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Motions to intervene and protests may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. k. This application has been accepted, but is not ready for environmental analysis at this time. l. The existing Danbury Project consists of:

(1)A 35-foot-high concrete dam with a 48-foot-wide spillway with three sections, each of which is equipped with 7-foot-high slide gates;

(2)a 300-foot-long earthen dike connecting to the right side of the concrete dam;

(3)a powerhouse (Plant 1) integral to the dam containing a 176-kW turbine generating unit and a 300-kW turbine generating unit;

(4)a 255-acre reservoir with a negligible net storage capacity at a water surface elevation of 929.21 feet NGVD from April through October and 928.11 feet NGVD from November through March;

(5)a 2,500-foot-long power canal that conveys water to;

(6)a second powerhouse (Plant 2) containing a single 600-kW turbine generating unit; and

(7)appurtenant facilities. The applicant estimates that the total average annual generation is 3,844 megawatt-hours. 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/esubscribenow.htm* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application. All filings must

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

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

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

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. o. 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. The Commission staff proposes to issue one environmental assessment rather than issue a draft and final EA. Comments, terms and conditions, recommendations, prescriptions, and reply comments, if any, will be addressed in the EA. Staff intends to give at least 30 days for entities to comment on the EA before final action is taken on the license application. Issue Scoping Document for Comments—September 2005. Notice application ready for environmental analysis—November 2005. Notice of the availability of the EA—March 2006. Ready for Commission's decision on the Application—May 2006. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Magalie R. Salas, Secretary. [FR Doc. E5-5548 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Transfer of License and To Change Name of Project and Soliciting Comments, Motions To Intervene, and Protests October 4, 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 and Change of Project Name. b. *Project No.:* 539-006. c. *Date Filed:* September 27, 2005. d. *Applicants:* Kentucky Utilities Company (Transferor); Lock 7 Hydro Partners, LLC (Transferee). e. *Name and Location of Project:* The Lock No. 7 Hydroelectric Project is located at the U.S. Army Corps of Engineers' Kentucky River Lock and Dam No. 7 in Mercer County, Kentucky. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. g. *Applicants Contacts:* For the transferor: John Wolfram, Kentucky Utilities Company, c/o LG&E Services, 220 West Main Street, Louisville, KY 40202,

(502)627-4110. For the transferee: David Brown Kinloch, Shaker Landing Hydro Associates, Inc., 414 South Wenzel Street, Louisville, KY 40204,

(502)589-0975 and Larry Hicks, Salt River Electric, 111 West Brashear Avenue, Bardstown, KY 40004,

(502)348-3931. h. *FERC Contact:* James Hunter at

(202)502-6086. i. *Deadline for filing comments, protests, and motions to intervene:* November 7, 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 Commission approval to transfer the license for the Lock No. 7 Hydroelectric Project from the Transferor to the Transferee. The Transferee also requests that the name of the project be changed to the Mother Ann Lee Hydroelectric Station. 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 “eLibrary” link. Enter the docket number (P-539) 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. E5-5555 Filed 10-7-05; 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 October 4, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Capacity Amendment of License. b. *Project No.:* 7396-045. c. *Date Filed:* September 9, 2005. d. *Applicant:* The Incorporated County of Los Alamos. e. *Name of Project:* Abiquiu Hydroelectric Project. f. *Location:* The project is located on the Chama River, Rio Arriba County, New Mexico. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Thomas L. Biggs, Department of Public Utilities, Los Alamos County, 901 Trinity Drive, P.O. Drawer 1030, Los Alamos, NM 87544,

(505)662-8130. 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:* November 7, 2005. k. *Description of Request:* The licensee filed an amendment application to install a new low flow turbine generator unit, which would be located within an addition of the existing powerhouse. The project currently generates electricity using two generating units that are able to utilize flows between 200-650 cfs each. The proposed low flow unit will allow the project to operate during low flow winter months when the existing generating units do not operate. New construction would be limited to a small expansion of the existing powerhouse and tailrace. 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. Information about 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. E5-5556 Filed 10-7-05; 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 October 4, 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.:* 9985-029. c. *Date Filed:* September 19, 2005. d. *Applicants:* Rivers Electric Company, Inc. of New Jersey (transferor); Rivers Electric Company, Inc. of New York (transferee). e. *Name and Location of Project:* The Mill Pond Project is located on the Catskill Creek in Greene County, New York. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. g. *Applicant Contacts:* For the transferor: Robert E. King, Rivers Electric Company, Inc. of New Jersey, P.O. Box 194, Sullivan, NH 03445,

(603)847-9798. For the transferee: Robert E. King, Rivers Electric Company, Inc. of New Jersey, P.O. Box 194, Sullivan, NH 03445,

(603)847-9798. h. *FERC Contact:* Robert Bell at

(202)502-6062 i. *Deadline for filing comments, protests, and motions to intervene:* November 7, 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 Commission approval to transfer the license for the Mill Pond Project from the Rivers Electric Company, Inc. of New Jersey to Rivers Electric Company, Inc. of New York. 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 “eLibrary” link. Enter the docket number (P-9985) 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, 385.211, 385.214. 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. E5-5557 Filed 10-7-05; 8:45 am] BILLING CODE 6717-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *http://www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 4, 2005. **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. PBSC Financial Corporation* , Greenville, South Carolina; to become a bank holding company by acquiring 100 percent of the voting shares of Pinnacle Bank of South Carolina, Greenville, South Carolina (in organization). **B. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. Porter Bancorp, Inc.* , Shepherdsville, Kentucky; to acquire additional shares, for a total of 100 percent of the voting shares of BBA, Inc., Shepherdsville, Kentucky, and thereby indirectly acquire Bullitt County Bank, Shepherdsville, Kentucky. Board of Governors of the Federal Reserve System, October 5, 2005. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E5-5546 Filed 10-7-05; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION [File No. 051 0051] DaVita, Inc.; Analysis of Agreement Containing Consent Orders To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. SUMMARY: The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before November 1, 2005. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “DaVita, Inc., File No. 051 0051,” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005). 1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form as part of or as an attachment to email messages directed to the following e-mail box: *consentagreement@ftc.gov.* 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at *http://www.ftc.gov.* As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy, at *http://www.ftc.gov/ftc/privacy.htm.* FOR FURTHER INFORMATION CONTACT: Richard H. Cunningham, Bureau of Competition, 600 Pennsylvania Avenue, NW., Washington, DC 20580,

(202)326-2214. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty

(30)days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for October 4, 2005), on the World Wide Web, at *http://www.ftc.gov/os/2005/10/index.htm.* A paper copy can be obtained from the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington, DC 20580, either in person or by calling

(202)326-2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order to Aid Public Comment I. Introduction The Federal Trade Commission (“Commission”) has accepted, subject to final approval, an Agreement Containing Consent Orders (“Consent Agreement”) from DaVita Inc. (“DaVita”). The purpose of the Consent Agreement is to remedy the anticompetitive effects resulting from DaVita's purchase of Gambro Healthcare Inc. (“Gambro”) from Gambro AB. Under the terms of the Consent Agreement, DaVita is required to divest 69 dialysis clinics and terminate 2 management services contracts in 35 markets across the United States. The Consent Agreement has been placed on the public record for 30 days to solicit comments from interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the Consent Agreement and the comments received, and will decide whether it should withdraw from the Consent Agreement or make it final. Pursuant to an Agreement dated December 6, 2004, DaVita proposes to acquire Gambro from Gambro AB for approximately $3.1 billion. The Commission's complaint alleges that the proposed acquisition, if consummated, would violate Section 7 of the Clayton Act, as amended, 15 U.S.C. 18, and section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by lessening competition in the market for the provision of outpatient dialysis services in 35 markets. II. The Parties Headquartered in El Segundo, California, DaVita is the second largest provider of outpatient dialysis services in the United States. DaVita operates 665 outpatient dialysis clinics in 37 states and the District of Columbia at which approximately 55,000 end stage renal disease (“ESRD”) patients receive treatment. In 2003, DaVita's revenues were approximately $2.1 billion. Gambro AB is a publicly-traded Swedish corporation with worldwide operations focused in three business fields: operating dialysis centers, manufacturing dialysis equipment, and providing technology and products to blood centers and hospital blood banks. Gambro is Gambro AB's entire U.S. dialysis services business. Gambro, headquartered in Denver, Colorado, is the third largest provider of outpatient dialysis services in the United States, with 565 outpatient dialysis clinics serving approximately 43,200 ESRD patients in 33 states and the District of Columbia. In 2003, Gambro's revenues were approximately $1.8 billion. III. Outpatient Dialysis Services Outpatient dialysis services is the appropriate relevant product market in which to assess the effects of the proposed transaction. For patients suffering from ESRD, dialysis treatments are a life-sustaining therapy that replaces the function of the kidneys by removing toxins and excess fluid from the blood. Most ESRD patients receive dialysis treatments three times per week in sessions lasting between three and five hours. Kidney transplantation is the only alternative to dialysis for ESRD patients. However, the wait-time for donor kidneys—during which ESRD patients must receive dialysis treatments—can exceed five years. Additionally, many ESRD patients are not viable transplant candidates. As a result, many ESRD patients have no alternative to ongoing dialysis treatments. The relevant geographic markets for the provision of dialysis services are local in nature. They are limited by the distance ESRD patients are willing and/or able to travel to receive dialysis treatments. Most ESRD patients are quite ill and suffer from multiple health problems. As such, it is difficult for ESRD patients to travel long distances for dialysis treatment. Generally, ESRD patients are unwilling and/or unable to travel further than 30 miles or 30 minutes to receive dialysis treatments, depending on traffic patterns, local geography, and the patient's proximity to the nearest center. As a result, competition among dialysis clinics occurs at a local level, corresponding to metropolitan areas or subsets thereof. Entry into the outpatient dialysis services markets addressed by the Consent Agreement on a level sufficient to deter or counteract the likely anticompetitive effects of the proposed transaction is not likely to occur in a timely manner. The primary barrier to entry is the difficulty associated with locating nephrologists with established patient pools to serve as medical directors. By law, each dialysis clinic must have a nephrologist medical director. As a practical matter, medical directors are essential to the success of a clinic because they are the primary source of referrals. The lack of available nephrologists with an established referral stream is a significant barrier to entry into each of the relevant markets. Beyond that, entry is also inhibited where certain attributes (such as a rapidly growing ESRD population, a favorable regulatory environment, average or below nursing and labor costs, and a low penetration of managed care) are not present, as is the case in many of the geographic markets identified in the Commission's complaint. Each of the geographic markets addressed by the Consent Agreement is highly concentrated. The proposed acquisition represents a merger to monopoly in 11 markets and would cause the number of providers to drop from 3 to 2 in 13 other markets. Additionally, concentration increases significantly in the remaining 11 markets addressed by the Consent Agreement. In each of these markets, the post-acquisition HHI exceeds 4,000, and the change in HHI is at least 800. The high post-acquisition concentration levels, along with evidence of DaVita and Gambro's head-to-head competition in these markets, indicates that the combined firm would be able to exercise unilateral market power. The evidence shows that health insurance companies and other private payors who pay for dialysis services used by their members benefit from direct competition between DaVita and Gambro when negotiating the rates to be charged by the dialysis provider. As a result, the proposed combination likely would result in higher prices and diminished service and quality for outpatient dialysis services in many geographic markets. IV. The Consent Agreement The Consent Agreement effectively remedies the proposed acquisition's anticompetitive effects in 35 markets where both DaVita and Gambro operate dialysis clinics by requiring DaVita to divest—prior to acquiring Gambro—68 outpatient dialysis clinics to Renal Advantage and one outpatient dialysis clinic to its medical directors and their partners. The Consent Agreement also requires DaVita to terminate two management services agreements pursuant to which it manages outpatient dialysis clinics on behalf of third-party owners. As with the divestitures, termination of these management services agreements will ensure that these clinics remain viable independent competitors. As part of these divestitures, DaVita is required to obtain the agreement of the medical directors affiliated with the divested clinics to continue providing physician services after the transfer of ownership to Renal Advantage. Similarly, the Consent Agreement requires DaVita to obtain the consent of all lessors necessary to assign the leases for the real property associated with the divested clinics to Renal Advantage. These provisions ensure that Renal Advantage will have the assets necessary to operate the divested clinics in a competitive manner. The Consent Agreement contains several additional provisions designed to ensure that the divestitures are successful. First, the Consent Agreement provides Renal Advantage with the opportunity to interview and hire employees affiliated with the divested clinics and prevents DaVita from offering these employees incentives to decline Renal Advantage's offer of employment. This will ensure that Renal Advantage has access to patient care and supervisory staff who are familiar with the clinics' patients and the local physicians. Second, the Consent Agreement prevents DaVita from contracting with the medical directors (or their practice groups) affiliated with the divested clinics for three years. This provides Renal Advantage with sufficient time to build goodwill and a working relationship with its medical directors before DaVita can attempt to capitalize on its prior relationships in soliciting their services. Third, to ensure continuity of patient care and records as Renal Advantage implements its quality care, billing, and supply systems, the Consent Agreement allows DaVita to provide transition services for a period of 12 months. Firewalls and confidentiality agreements have been established to ensure that competitively sensitive information is not exchanged. Fourth, the Consent Agreement requires DaVita to provide Renal Advantage with a license to use DaVita's policies and procedures, as well as the option to obtain DaVita's medical protocols, which will further enhance Renal Advantage's ability to provide continuity of care to patients. Finally, the Consent Agreement requires DaVita to provide prior notice to the Commission of its planned acquisitions of dialysis clinics located in the 35 markets addressed by the Consent Agreement. This provision ensures that subsequent acquisitions do not adversely impact competition in the markets at issue and undermine the remedial goals of the proposed order. The Commission is satisfied that Renal Advantage is a qualified acquirer of the divested assets. Renal Advantage is a newly-formed company whose management has extensive experience operating, acquiring, and developing outpatient dialysis clinics. The company has received a substantial equity investment from Welsh, Carson, Anderson, and Stowe, which is the largest healthcare-focused private equity firm in the United States. The Commission has appointed Mitch Nielson and John Strack of FocalPoint Medical Consulting Group (“FocalPoint”) as Monitors to oversee the transition service agreements, and the implementation of, and compliance with, the Consent Agreement. Messrs. Nielson and Strack are the principles of FocalPoint, which provides consulting services to the healthcare industry. The purpose of this analysis is to facilitate public comment on the Consent Agreement, and it is not intended to constitute an official interpretation of the proposed Decision and Order or the Order to Maintain Assets, or to modify their terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 05-20312 Filed 10-7-05; 8:45 am]

Connectionstraces to 12

Traces to 12 documents

CFR

U.S. Code