Notices. Notice

7,790 words·~35 min read·/register/2005/11/04/05-22033

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

BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP06-10-000] Dominion Transmission, Inc.; Notice of Application October 28, 2005. Take notice that on October 24, 2005, Dominion Transmission, Inc., (Dominion), 120 Tredegar Street, Richmond, Virginia 23219, filed with the Commission an application, pursuant to section 7(b) of the Natural Gas Act, for authorization to reclassify from jurisdictional transmission to gathering, exempt from the Commission's jurisdiction under section 1(b) of the NGA:

(1)Approximately two 500 horsepower compressor units at its Hastings compressor station; and

(2)218 feet of 12-inch diameter pipe on Line H-1 and five feet of 12-inch diameter pipe on Line H-10, all in Wetzel County, West Virginia, as more fully set forth in the application which is open to public inspection. This filing may be also viewed on the web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERCOnline Support at *FERCOnlineSupport@ferc.gov* or toll free at

(866)208-3676, or TTY, contact

(202)502-8659. Any questions regarding this application should be directed to Margaret H. Peters, Senior Counsel, Dominion Resources Services, Inc., 120 Tredegar Street, Richmond, Virginia 23219, or via telephone at

(804)819-2277, facsimile number

(804)819-2183, and e-mail: *margaret_h_peters@dom.com.* There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests and interventions via the Internet in lieu of paper. See, 18 CFR 385.2001(a)

(iii)and the instructions on the Commission's Web site ( *www.ferc.gov* ) under the “e-Filing” link. *Comment Date:* November 17, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-6113 Filed 11-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RM05-4-000 and RM05-4-001] Interconnection for Wind Energy; Notice Extending Compliance Date October 28, 2005. On June 2, 2005, the Commission issued its Final Rule in these proceedings. Interconnection for Wind Energy, Order No. 661, 70 FR 34993 (June 16, 2005), FERC Stats. & Regs. ¶ 31,186

(2005)(Final Rule). By order dated August 5, 2005, the Commission extended to November 14, 2005 the date by which public utilities that own, control, or operate transmission facilities in interstate commerce are to adopt the Final Rule Appendix G as amendments to the Large Generator Interconnection Procedures and Large Generator Interconnection Agreements in their Open Access Transmission Tariffs. By this notice, the Commission hereby extends to December 30, 2005 the date by which public utilities that own, control, or operate transmission facilities in interstate commerce are to adopt the Final Rule Appendix G as amendments to the Large Generator Interconnection Procedures and Large Generator Interconnection Agreements in their Open Access Transmission Tariffs. Magalie R. Salas, Secretary. [FR Doc. E5-6112 Filed 11-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EC06-16-000, et al.] San Diego Gas & Electric Company, et al.; Electric Rate and Corporate Filings October 27, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. San Diego Gas & Electric Company and Palomar Energy, LLC [Docket No. EC06-16-000] Take notice that on October 25, 2005, San Diego Gas & Electric Company (SDG&E) and Palomar Energy, LLC (Palomar) (collectively, Applicants) filed with the Commission a joint application pursuant to section 203 of the Federal Power Act and section 1289 of the Energy Policy Act of 2005 for Commission approval of the transfer of interests in jurisdictional facilities. The transaction involves the sale by Palomar to SDG&E of a nominally rated 555 MW electric generating facility located in Escondido, California, which is interconnected with SDG&E's transmission system operated by the California Independent System Operator Corporation. *Comment Date:* 5 p.m. Eastern Time on November 15, 2005. 2. Blue Spruce Energy Center, LLC [Docket No. EG06-3-000] Take notice that on October 18, 2005, Blue Spruce Energy Center, LLC (Blue Spruce), filed with the Commission an application for determination of exempt wholesale generator status pursuant to part 365 of the Commission's regulations. Blue Spruce states that it previously obtained an exempt wholesale generator determination for its electric generating facility located at Aurora, Colorado. Blue Spruce states that it seeks a new determination that it will remain an exempt wholesale generator following expansion of the facility and other material changes. Blue Spruce further states that copies of the application were served upon the United States Securities and Exchange Commission and Colorado Public Utilities Commission. *Comment Date:* 5 p.m. Eastern Time on November 8, 2005. 3. Pacific Gas and Electric Company [Docket No. EL06-11-000] Take notice that on October 24, 2005, Pacific Gas and Electric Company (PG&E) petitioned the Commission to initiate a proceeding for review of the Final Award and Decision that issued September 30, 2005, in an arbitration that took place pursuant to the California Independent System Operator Corporation's tariff. *Comment Date:* 5 p.m. Eastern Time on November 14, 2005. 4. Pedricktown Cogeneration Company LP [Docket Nos. ER02-2001-000, ER03-256-000] Take notice that on September 9, 2005, Pedricktown Cogeneration Company LP filed a request for limited waiver of Order No. 200, Electric Quarterly Reports Requirements. *Comment Date:* 5 p.m. Eastern Time on November 17, 2005. 5. Cinergy Marketing & Trading, LP [Docket No. ER05-1369-001] Take notice that on October 24, 2005, Cinergy Services Inc., hereby submits a Supplemental Affidavit of William H. Hieronymus and associated exhibits and workpapers. *Comment Date:* 5 p.m. Eastern Time on November 7, 2005. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 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. Magalie R. Salas, Secretary. [FR Doc. E5-6110 Filed 11-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EC06-11-000, et al.] Liberty Electric Power, LLC, et al.; Electric Rate and Corporate Filings October 26, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Liberty Electric Power, LLC [Docket No. EC06-11-000, ER01-2398-011] Take notice that on October 21, 2005, Liberty Electric Power, LLC (Applicant) pursuant to section 203 of the Federal Power Act and part 33 of the Commission' regulations requests prior authorization for the indirect disposition of jurisdictional facilities that will result from transfers of equity interests in Applicant's indirect upstream owner, LEP Holdings, LLC and gives notice of the change in status that will result from the transactions in accordance with the requirements set forth in Order No. 652. *Comment Date:* 5 p.m. Eastern Time on November 14, 2005. 2. Orion Power Holdings, Inc., Astoriz Generating Company, L.P., and Astoria Generating Company Acquisitions, L.L.C. [Docket No. EC06-12-000] Take notice that on October 21, 2005, Orion Power Holdings, Inc., Astoria Generating Company, L.P. and Astoria Generating Company Acquisitions, L.L.C., (collectively, Applicants), tendered for filing with the Commission, pursuant to section 203 of the Federal Power Act and part 33 of the Commission's regulations, an application for authorization that would allow Astoria Generating Company Acquisitions, L.L.C. to acquire ownership interests in Astoria Generating Company, L.P. Pursuant to 18 CFR § 33.9 (2005), the Applicants seek privileged treatment for Exhibits D and I to the application. *Comment Date:* 5 p.m. Eastern Time on November 14, 2005. 3. Select Energy, Inc. and Constellation Energy Commodities Group, Inc. [Docket No. EC06-13-000] Take notice that on October 24, 2005, Select Energy, Inc., (Select) and Constellation Energy Commodities Group, Inc. (collectively, Applicants) filed a joint application pursuant to section 203 of the Federal Power Act for disposition of certain wholesale power sales contracts of Select. *Comment Date:* 5 p.m. Eastern Time on November 14, 2005. 4. NRG Energy, Inc. and Texas Genco LLC [Docket No. EC06-14-000] Take notice that on October 24, 2005, NRG Energy, Inc., on behalf of itself and its public utility subsidiaries (collectively, NRG) and Texas Genco LLC (Texas Genco) submitted an application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities whereby the owners of Texas Genco would acquire certain amounts of NRG common stock as part consideration in exchange for the transfer of their interest in Texas Genco to NRG. The Applicants request confidential treatment of certain contracts and written instruments pursuant to which the transaction would be consummated. *Comment Date:* 5 p.m. Eastern Time on November 23, 2005. 5. Entegra Power Group LLC, Gila River Power, L.P. and Union Power Partners, L.P. [Docket No. EC06-15-000] Take notice that on October 24, 2005, Entegra Power Group LLC, (Entegra), on behalf of itself and its wholly-owned subsidiaries Gila River Power, L.P. and Union Power Partners, L.P. (together with Entegra, Applicants), and on behalf of the current owners of equity interests in Entegra, filed with the Commission an application pursuant to section 203 of the Federal Power Act, requesting authorization for an indirect disposition of FERC-jurisdictional facilities resulting from certain proposed transfers of ownership of equity interests in Entegra. *Comment Date:* 5 p.m. Eastern Time on November 15, 2005. 6. Boston Edison Company [Docket no. EL02-123-008] Take notice that on October 17, 2005, Boston Edison Company submitted for filing, pursuant to the Commission's Order issued September 15, 2005, changes with respect to the service agreements for the Town of Wellesley and the Town of Concord. *Comment Date:* 5 p.m. Eastern Time on November 16, 2005. 7. Luzenac America, Inc. [Docket No. EL06-8-000] Take notice that on October 20, 2005, Luzenac America, Inc. (Luzenac), pursuant to section 1290 of the Energy Policy Act of 2005 and Rules 206 and 207 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission, filed a Petition for Relief relating to a termination payment sought by Enron Power Marketing, Inc. (Enron). In the Petition, Luzenac requests an expeditious determination by FERC that the termination payment sought by Enron from Luzenac is not permitted under Enron's rate schedule or its contract with Luzenac entered into under such rate schedule, or is otherwise unlawful on the grounds that the contract is unjust and unreasonable or contrary to the public interest. *Comment Date:* 5 p.m. Eastern Time on November 10, 2005. 8. Midwest Renewable Energy Projects LLC [Docket No. EL06-9-000] Take notice that on October 20, 2005, Midwest Renewable Energy Projects LLC submitted to the Commission a petition to for declaratory order regarding the recent amendments to the Public Utility Regulatory Policies Act of 1978. *Comment Date:* 5 p.m. Eastern Time on November 10, 2005. 9. Devon Power LLC [Docket No. ER04-23-014] Take notice that on October 11, 2005, Devon Power LLC, Middletown Power LLC and Montville Power LLC (collectively, the NRG Companies), pursuant to a deficiency letter issued on July 13, 2005 submitted for filing a reconciliation of their annual informational filing. *Comment Date:* 5 p.m. Eastern Time on November 7, 2005. 10. The Detroit Edison Company [Docket No. TS06-1-000] Take notice that on October 3, 2005, The Detroit Edison Company (Detroit Edison) filed a request for clarification that it should not be considered a transmission provider subject to the Standards of Conduct promulgated in Order No. 2004. Detroit Edison requests full waiver from the requirements of Order No. 2004, FERC Statutes and Regulations ¶31,355 (2003). *Comment Date:* 5 p.m. Eastern Time on November 10, 2005. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 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. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-6111 Filed 11-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP05-130-000; CP05-132-000; CP05-131-000; Corps Application # CENAB-OP-RMS200565510-4] U.S. Army Corps of Engineers, Baltimore District; Dominion Cove Point LNG, LP; Dominion Transmission, Inc; Notice of Availability of the Draft Environmental Impact Statement, Draft General Conformity Determination, and U.S. Army Corps Of Engineers Public Notice for the Proposed Cove Point Expansion Project October 28, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) in cooperation with the U.S. Army Corps of Engineers (Corps) and U.S. Coast Guard, (Coast Guard) has prepared a draft Environmental Impact Statement

(EIS)for a liquefied natural gas

(LNG)import terminal expansion and natural gas pipeline facilities proposed by Dominion Cove Point LNG, L.P. and Dominion Transmission, Inc. (collectively referred to as Dominion) in the above-referenced dockets. The draft EIS was prepared to satisfy the requirements of the National Environmental Policy Act (NEPA). The draft EIS addresses federally listed species, cultural resources, and essential fish habitat issues. A draft General Conformity Determination was also prepared by the FERC to assess the potential air quality impacts associated with construction and operation of the proposed project and is included as Appendix H of the draft EIS. The FERC staff concludes that approval of the proposed project with appropriate mitigating measures, as recommended, would have limited adverse environmental impact. This is a joint public notice by the FERC and Corps to advertise: • The availability of the draft EIS; • The scheduling of the joint FERC public meetings/Corps public hearings on December 7 and 8th, 2005; and • The submission of a Department of the Army permit application CENAB-OP-RMS (Dominion Cove Point LNG, LP) 200565510-4. The draft EIS addresses the potential environmental effects of the construction and operation of the following LNG terminal and natural gas (steel) pipeline facilities: • Two new 160,000 cubic meter single containment LNG storage tanks; • Additional vaporization capacity consisting of shell and tube vaporizers and associated equipment; • Additional power generation equipment consisting of two 21.7 megawatt gas turbine generators and three emergency generators; • Infrastructure associated with the LNG terminal expansion including roads and storage and work areas at the existing site; • About 47.8 miles of 36-inch-diameter, loop pipeline in Calvert, Prince Georges, and Charles County, Maryland (TL-532 Pipeline); • Ancillary areas for pipeline construction, including access roads, staging areas, and work spaces; • About 81 miles of 24-inch-diameter pipeline lateral in Juniata, Mifflin, Huntingdon, Centre, and Clinton Counties, Pennsylvania (PL-1 EXT2 Pipeline); • Two new compressor stations in Juniata County (Perulack Station) and Centre County (Centre Relay Station), Pennsylvania; • About 11 miles of 24-inch diameter pipeline loop in Wetzel County West Virginia and Greene County, Pennsylvania (TL-492 EXT3 Pipeline); • About 12 miles of 24-inch-diameter pipeline loop in Potter County, Pennsylvania (TL-453 EXT1 Pipeline); • About 10 miles of 20-inch-diameter pipeline loop in Potter County, Pennsylvania (TL-536 Pipeline); • Replacement of about 0.6 mile and pressure testing and possible replacement of about 0.4 mile of 30-inch-diameter pipeline in Franklin County, Pennsylvania (PL-1 Pipeline Pressure Restoration Sites); • Minor modifications to the existing Loudoun Measuring and Regulating (M&R) Station in Loudoun County, Virginia; • About 5,000 hp of additional compression at the existing Mockingbird Hill Compressor Station in Wetzel County, West Virginia; • Minor modifications to the existing Leesburg Compressor Station in Loudoun County, Virginia; • Minor modifications to the existing Chambersburg Compressor Station in Franklin County, Pennsylvania; • Additional facilities and pipeline replacement at the existing Leidy M&R Station located at the Leidy Hub complex in Clinton County, Pennsylvania; • About 3,550 hp of additional compression at Dominion's previously approved but not yet constructed Wolf Run Compressor Station in Lewis County, West Virginia; and • Minor modifications to Dominion's previously approved but not yet constructed Quinlan Compressor Station in Cattaraugus County, New York. Dominion's proposed LNG terminal expansion would increase the send-out capability by 800,000 Dth/d and increase the storage capacity by 6.8 MMDth/d. Dominion's proposed pipeline and related facilities in Maryland and Virginia would allow it to deliver an additional 800,000 Dth/d from its LNG terminal to its connections with other interstate pipelines. Dominion's proposed pipelines and related facilities in Pennsylvania, West Virginia, and New York would allow it to transport an additional 700,000 Dth/d to various delivery points on its system, and offer a new underground storage service of 6.0 MMDth, with an additional demand of 100,000 Dth/d. Dominion Cove Point LNG,LP has applied, concurrently, to the Corps for a Department of the Army Individual permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) for proposed structures in and under navigable waters and the discharge of dredged, excavated, and/or fill material into waters of the United States, including wetlands to construct the preferred alternative identified in the draft EIS. The decision whether to issue the permits will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed projects on the public interest. The decision will reflect the national concern for the protection and utilization of important resources. The benefits, which would be reasonably expected to accrue from the proposed projects, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the proposed work, will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply, and conservation, water quality, energy needs, safety, food and fiber production, consideration of property ownership, and in general, the needs and welfare of the people. The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of the proposed project. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for the proposal. To make this decision, the Corps uses comments received to access impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. The evaluation of the impact of the work described above on the public interest will also include application, by the Corps, of the guidelines [Section 404(b)(1)] promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act. For Corps permitting purposes, if applicable, the applicant is required to obtain a Water Quality Certification in accordance with Section 401 of the Clean Water Act from the Maryland Department of the Environment (MDE), the Pennsylvania Department of Environmental Protection, and the State of West Virginia Division of Environmental Protection. The Section 401 certifying agencies have a statutory limit of one year in which to make their decisions. Additionally, for Corps permitting purposes, the applicant is required to obtain Coastal Zone Management Consistency concurrence from the MDE, as well. It should be noted that the MDE has a statutory limit of 6 months in which to make its consistency determination. Joint FERC Public Meetings/Corps Public Hearings are held to provide interested individuals with the opportunity to present information about the effects of the project, including its social, economic and environmental effects. These meetings/hearings provide the opportunity for interested parties to present views, opinions, and information that will be considered by the FERC and the Corps in evaluating the proposed project. The U.S. Coast Guard (Coast Guard) within the U.S. Department of Homeland Security is also participating as a cooperating agency in the preparation of the EIS because it exercises regulatory authority over LNG facilities that affect the safety and security of port areas and navigable waterways under Executive Order 10173; the Magnuson Act (50 U.S.C. section 191); the Ports and Waterways Safety Act of 1972, as amended (33 U.S.C. 1221, *et seq.* ); and the Maritime Transportation Security Act of 2002 (46 U.S.C. section 701). The Coast Guard also has authority for LNG facility plan review, approval and compliance verification as provided in Title 33 CFR part 105, and siting as it pertains to the management of vessel traffic in and around the LNG facility. As required by its regulations, the Coast Guard is responsible for issuing a Letter of Recommendation

(LOR)as to the suitability of the waterway for LNG marine traffic. The Coast Guard plans to adopt the EIS if it adequately covers the impacts associated with issuance of the LOR. Comment Procedures and FERC Public Meetings/Corps Public Hearings Any person wishing to comment on the draft EIS may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received and properly recorded: • Send an original and two copies of your comments to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1A, Washington, DC 20426. • Reference Docket Nos. CP05-130-000, CP05-131-000, and CP05-132-000. • Label one copy of the comments for the attention of the Gas Branch 1. • Mail your comments so that they will be received in Washington, DC on or before December 21, 2005. Please note that the Commission strongly encourages electronic filing of any comments or interventions to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments, you will need to create a free account, which can be created by clicking on “Login to File” and then “New User Account.” The Corps public hearings provide members of the public the opportunity to present views, opinions, and information which will be considered by the Corps in evaluating the Department of the Army permit. All comments received will become part of the formal project record. Copies of any written statements expressing concern for aquatic resources may be submitted to: Mrs. Kathy Anderson, Corps of Engineers, CENAB-OP-RMS, P.O. Box 1715, Baltimore, Maryland 21203-1715. The Corps public hearing comment period closes on December 21, 2005. In addition to or in lieu of sending written comments, we invite you to attend one of the FERC public meetings/Corps public hearings we have scheduled as follows: *Wednesday, December 7, 2005:* 7 p.m. (EST), Old Courthouse, 1 Market Street, Lewistown, PA 17044.

(717)248-6733. *Thursday, December 8, 2005:* 7 p.m. (EST), Penn Stater Conference Center Hotel, 215 Innovation Boulevard, State College, PA 16803.

(814)863-5000. *Wednesday, December 7, 2005:* 7 p.m. (EST), Holiday Inn—Solomons, 155 Holiday Drive, Solomons, MD 20688.

(410)326-6311. *Thursday, December 8, 2005:* 7 p.m. (EST), Holiday Inn—Waldorf, U.S. 301 and St. Patrick's Drive, Waldorf, MD 20603.

(301)645-8200. Interested groups and individuals are encouraged to attend and present oral comments on the draft EIS. Transcripts of the meetings will be prepared. After these comments are reviewed, any significant new issues are investigated, and modifications are made to the draft EIS, a final EIS will be published and distributed by the staff. The final EIS will contain the staff's responses to timely comments received on the draft EIS. Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). Anyone may intervene in this proceeding based on this draft EIS. You must file your request to intervene as specified above. 1 You do not need intervenor status to have your comments considered. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. The draft EIS has been placed in the public files of the FERC and is available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)208-1371. Hard-copies of the draft EIS have been mailed to Federal, State, and local agencies; public interest groups; individuals and affected landowners who requested a copy of the draft EIS or provided comments during scoping; libraries; newspapers; and parties to this proceeding. In the alternate, those persons or organizations who were identified as potential stakeholders on this environmental mailing list are receiving an Executive Summary document and a full version of the draft EIS on CD-ROM. A limited number of documents and CD-ROMs are available from the Public Reference Room identified above. In addition, hard-copies of the document are also available for reading at public libraries along the proposed project route. To reduce printing and mailing costs the final EIS will be issued in both CD-ROM and hard-copy formats. In a separate mailing, the parties on the current mailing list for the draft EIS will be sent a postcard providing an opportunity for them to select which format of the final EIS they wish to receive. The FERC strongly encourages the use of the CD-ROM format in its publication of large documents. If you wish to receive a paper copy of the final EIS instead of a CD-ROM, you must return the postcard indicating that choice. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact

(202)502-8659. The eLibrary link on the FERC Internet Web site Folialso provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to the eSubscription link on the FERC Internet Web site. It is requested that you communicate the foregoing information concerning the proposed work to any persons known by you to be interested and not being known to this office, who did not receive a copy of this notice. Magalie R. Salas, Secretary. [FR Doc. E5-6116 Filed 11-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions October 28, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New Major License. b. *Project No.:* 1971-079. c. *Date Filed:* July 21, 2003. d. *Applicant:* Idaho Power Company. e. *Name of Project:* Hells Canyon Hydropower Project. f. *Location:* On the Snake River in Washington and Adams, Counties, Idaho; and Wallowa and Baker Counties, Oregon. About 5,270 acres of Federal lands administered by the Forest Service and the Bureau of Land Management (Payette and Wallowa-Whitman National Forests and Hells Canyon National Recreational Area) are included within the project boundary. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. §§ 791(a)-825(r). h. *Applicant Contact:* Mr. Robert W. Stahman, Vice President, Secretary, and General Counsel, Idaho Power Company, P.O. Box 70, Boise, Idaho 83707. i. *FERC Contact:* Alan Mitchnick,

(202)502-6074, *alan.mitchnick@ferc.gov;* Emily Carter,

(202)502-6512, *emily.carter@ferc.gov* . j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 90 days from the issuance of this notice; reply comments are due 135 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. This application has been accepted, and is ready for environmental analysis at this time. l. The existing Hells Canyon Project consists of three developments: Brownlee Development consists of a 395-foot-high earth and rockfill dam, a 14,621-acre impoundment, and a powerhouse with five generating units producing 585.4 megawatts (MW); Oxbow Development consists of a 209-foot-high earth and rockfill dam, a 1,150-acre impoundment, and a powerhouse with four generating units producing 460 MW; and Hells Canyon Development consists of a 320-foot-high concrete gravity dam, a 2,412-acre impoundment, and a powerhouse with three generating units producing 391.5 MW. Idaho Power also operates four fish hatcheries and four adult fish traps. 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. All filings must

(1)Bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”

(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 submitting the filing; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E5-6114 Filed 11-3-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RM01-10-000, EY06-6-000] Standards of Conduct for Transmission Providers; Florida Power & Light Company; Notice Granting Waiver of Posting and Recordkeeping Requirements October 28, 2005. On October 27, 2005, Florida Power & Light Company

(FPL)filed to seek a temporary emergency waiver of section 358.4(a)(2) of the Commission's regulations and for any other waivers necessary for FPL to proceed with the restoration work on its transmission and distribution systems necessitated by Hurricane Wilma. FPL requests that the waiver begin on October 25, 2005 and continue through November 30, 2005. Effective on the date of this notice, the Commission will grant FPL a waiver, until November 15, 2005, of the otherwise applicable requirements of section 358.4(a)(2) to record a log of emergency-related deviations from the Standards of Conduct and to post these deviations on its web site. FPL explains that Hurricane Wilma was a Category 3 hurricane with hurricane force winds that cut a 180-mile swath across southern Florida and had tropical-force winds well beyond that. FPL states that about 60 percent of its 35-county territory was affected, covering nearly 22,000 square miles. FPL states, further, that its transmission lines and substations have been severely damaged. FPL notes that approximately 3.2 million of its 4.3 million customers were without power at the height of the damage. FPL estimates that it may take four to five weeks to restore power to all its customers. FPL explains that its restoration force totals over 6,000 employees, including out-of-state crews and contractors, in addition to FPL teams. FPL states that the entire workforce of FPL Group is involved in these restoration efforts on FPL's transmission and distribution systems. FPL anticipates that, due to the magnitude of the task, it is likely that there will be numerous communications among employees concerning the status of the restoration and to coordinate joint operations and repair work. FPL explains that the requirement to report each deviation of the Standards of Conduct within twenty-four hours would create a monumental task that could slow its restoration efforts. FPL notes that the waiver request is limited to those employees involved in the Hurricane Wilma restoration effort and the communications required to carry out the restoration. FPL concludes, therefore, that good cause exists to grant it a waiver of this requirement. The Commission has previously granted similar waivers due to Hurricane Katrina 1 and Hurricane Rita. 2 The waivers, among other things, allowed affected transmission providers to delay for a limited period of time compliance with the requirement of section 358.4(a)(2) of the Commission's regulations, 18 CFR 358.4(a)(2)(2005), to report to the Commission and post on the OASIS or Internet Web site, as applicable, each emergency that resulted in any deviation from the Standards of Conduct. In addition, due to the extreme nature of the emergency in each instance, the Commission also waived, for those limited periods, the requirements to record and retain a record of each deviation of the Standards of Conduct. 3 1 Notice Granting Extension of Time To Comply With Posting and Other Requirements, *Standards of Conduct for Transmission Providers,* Docket Nos. EY05-14-000, *et al.* (August 31, 2005); Notice Waiving Recordkeeping Requirements, *Standards of Conduct for Transmission Providers,* Docket Nos. EY05-14-001, *et al.* (September 7, 2005). 2 Notice Granting Extension of Time To Comply With Posting and Other Requirements, *Standards of Conduct for Transmission Providers,* Docket Nos. EY05-20-000, *et al.* (September 23, 2005). 3 *Supra* notes 1 and 2. The Commission grants FPL a waiver of the recording and posting requirements of section 358.4(a)(2) of the Commission's regulations in these emergency circumstances, effective on the date of this notice until November 15, 2005, without prejudice to FPL requesting a further extension, if necessary. The Commission directs FPL to ensure that the employees affected by this waiver observe the no-conduit prohibition in the Standards of Conduct, 18 CFR 358.5(b)(7) (2005). Magalie R. Salas, Secretary. [FR Doc. E5-6115 Filed 11-3-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OPPT-2005-0003; FRL-7994-1; Docket ID # OPPT-2005-0003] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment (TSCA Section 8(c)); EPA ICR No. 1031.08, OMB No. 2070-0017 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 the following Information Collection Request

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval: Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment (TSCA Section 8(c)); EPA ICR No. 1031.08, OMB No. 2070-0017. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs. DATES: Additional comments may be submitted on or before December 5, 2005. ADDRESSES: Submit your comments, referencing docket ID Number OPPT-2005-0003, to

(1)EPA online using EDOCKET (our preferred method), by e-mail to *oppt.ncic@epa.gov* or by mail to: Document Control Office (DCO), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and

(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Acting Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, Mailcode: 7408, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-554-1404; e-mail address: *TSCA-Hotline@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On February 9, 2005, EPA sought comments on this renewal ICR (70 FR 6857), pursuant to 5 CFR 1320.8(d). EPA received one comment during the comment period, which is addressed in the Supporting Statement of the ICR. EPA has established a public docket for this ICR under Docket ID No. OPPT-2005-0003, which is available for public viewing at the OPPT 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 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 Pollution Prevention and Toxics Docket is 202-566-0280. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket.* Use EDOCKET to 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 and OMB within 30 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 *www.epa.gov/edocket.* *ICR Title:* Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment (TSCA Section 8(c)). *ICR Status:* This is a request to renew an existing approved collection. This ICR is scheduled to expire on December 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. *Abstract:* TSCA section 8(c) requires companies that manufacture, process, or distribute chemicals to maintain records of significant adverse reactions to health or the environment alleged to have been caused by such chemicals. Since section 8(c) includes no automatic reporting provision, EPA can obtain and use the information contained in company files only by inspecting those files or requiring reporting of records that relate to specific substances of concern. Therefore, under certain conditions, and using the provisions found in 40 CFR part 717, EPA may require companies to report such allegations to the Agency. EPA uses such information on a case-specific basis to corroborate suspected adverse health or environmental effects of chemicals already under review by EPA. The information is also useful to identify trends of adverse effects across the industry that may not be apparent to any one chemical company. Responses to the collection of information are mandatory (see 40 CFR 717). Respondents may claim all or part of a notice as CBI. EPA will disclose information that is covered by a CBI claim only to the extent permitted by, and in accordance with, the procedures in 40 CFR part 2. 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 title 40 of the CFR, after appearing in the **Federal Register** , are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable. *Burden Statement:* The total annual public burden for this collection of information is estimated to be about 24,550 hours, with the burden ranging between 15 minutes and 8 hours per response depending upon the type(s) of activity that a respondent must complete. Burden is 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. *Respondents/Affected Entities:* Entities potentially affected by this action are companies that manufacture, process, import, or distribute in commerce chemical substances or mixtures. *Frequency of Collection:* On occasion. *Estimated total/average number of responses for each respondent:* 1. *Estimated No. of Respondents:* 13,445. *Estimated Total Annual Burden on Respondents:* 24,548 hours. *Estimated Total Annual Labor Costs:* $1,232,417. *Changes in Burden Estimates:* There is a decrease of 5,391 hours (from 29,939 hours to 24,548 hours) in the total estimated respondent burden compared with that identified in the information collection request most recently approved by OMB. This decrease is an adjustment and is based on several factors that are described in detail in the ICR. Dated: August 9, 2005. Oscar Morales, Director, Collection Strategies Division. [FR Doc. 05-22033 Filed 11-3-05; 8:45 am]

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