Notices. Notice of intent
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BILLING CODE 5001-06-C DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Intent To Prepare a Draft Environmental Impact Statement for Potential Multipurpose Projects for Ecosystem Restoration, Flood Damage Reduction, and Recreation Development Within and Along the West and Elm Forks and Main Stem of the Trinity River in Dallas, Dallas County, TX AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of intent. SUMMARY: The study is being conducted in response to the authority contained in the following United States Senate Committee on Environment and Public Works Resolution dated April 22, 1988, as quoted below:
Resolved by the Committee on Environment and Public Works of the United States Senate, that the Board of Engineers for Rivers and Harbors is hereby requested to review the report of the Chief of Engineers on the Trinity River and Tributaries, Texas, House Document No. 276, Eighty-Ninth Congress, and other pertinent reports, with a view to determining the advisability of modifying the recommendations contained therein, with particular reference to providing improvements in the interest of flood protection, environmental enhancement, water quality, recreation, and other allied purposes in the Upper Trinity River Basin with specific attention on the Dallas-Fort Worth Metroplex.
An initial assessment based on the resolution guidance indicates a Federal interest in continuing with more detailed studies for these purposes. In accordance with the National Environmental Policy Act, a Draft Environmental Impact Statement
(DEIS)will be prepared to evaluate and compare ecosystem restoration, flood damage reduction, and recreation alternatives within and along the Trinity River in, within and adjacent to the existing Dallas Floodway area of Dallas, TX. The DEIS will also assess the impacts to the quality of the human environment associated with each alternative. The study area will be bound on the upstream by Loop 12 crossings of the West and Elm Forks and at the downstream end by the existing terminus of the Dallas Floodway approximated by the abandoned Santa Fe railroad on the Trinity River. The construction and implementation of Joe Pool Lake, Grapevine Lake, Lake Lewisville and the Dallas Floodway project along with urbanization and development activities, have significantly degraded the terrestrial and aquatic habitat along and within the Trinity River. Consequently, ecosystem restoration measures will be developed and evaluated to address the degraded habitats. In addition, recreation measures will be developed and evaluated as complements to proposed ecosystem restoration measures. Preliminary findings indicate that due to major changes in runoff attributable to upstream development, the originally authorized flood damage reduction benefits have diminished within the study area and therefore opportunities to restore those Floodway benefits and explore options for improving flood damage reduction benefits within the interior drainages in the study area should be investigated. Flood damage reduction measures will address the loss of the authorized level of flood protection for the area. DATES: A public scoping meeting will be held on December 13, 2005 at 7 p.m. ADDRESSES: The meeting will be held at the Nash-Davis Recreation Center Activity Room, 3710 North Hampton Road, Dallas, TX 75212. FOR FURTHER INFORMATION CONTACT: Questions pertaining to the proposed action and DEIS can be answered by: Mr. Gene T. Rice, CESWF-PM-C, U.S. Army Corps of Engineers, Fort Worth District, P.O. Box 17300, Fort Worth, TX 76102-0300,
(817)886-1734. SUPPLEMENTARY INFORMATION: The original Dallas Floodway levees and interior drainage improvements were completed between 1928 and 1931 by the City of Dallas and Dallas County Levee Improvement District. The Trinity River was rerouted by constructing a channel within the leveed floodway. The original channel was either filled or used for sump storage. In the mid-1940's, major floods, compounded with continued urbanization in the watershed draining into the Floodway system resulted in severe flooding. The Dallas Floodway was authorized by River and Harbor Acts of March 2, 1945 and May 17, 1950. The project, which was completed in April 1959, entailed the channel improvement, clearing of the floodway, strengthening of levees, installation and modification of drainage structures, construction of pressure sewers, pump station and sump areas. The improvements provided conveyance of the Standard Project Flood within the floodway plus 4 feet of freeboard. Alternatives for ecosystem restoration, flood damage reduction, and recreation will be developed and evaluated based on ongoing fieldwork and data collection and past studies conducted by the Corps of Engineers, the City of Dallas, and the U.S. Fish and Wildlife Service. Ecosystem restoration alternatives that will be evaluated include creating meanders within the Trinity River, restoring, protecting and expanding the riparian corridor, improving aquatic habitat, creating riffle-pool complexes, and constructing wetlands. It is anticipated that ecosystem restoration measures would aid in improving water quality, optimizing aquatic and terrestrial habitat, and minimizing erosion and scouring along and within the river. Alternatives for flood damage reduction measures will be evaluated from both a non-structural and structural aspect. Non-structural measures that will be evaluated include acquisition and removal of structures or flood proofing of structures for protection from potential future flood damage. Structural measures that will be evaluated include levee height modification by fill or addition of flood walls, changes in interior drainage by enlarging storage areas or increasing widths and depths and/or a combination of these measures. Recreation measures that will be evaluated for include multipurpose trails and passive recreation features, such as interpretive guidance and media and picnic areas. Recreation measures will be developed to a scope and scale compatible with proposed ecosystem restoration measures without significantly diminishing ecosystem benefits. A Programmatic Environmental Impact Statement
(PEIS)for the Upper Trinity River Basin Feasibility study addressing the potential cumulative effects of reasonably foreseeable projects, including the Clear Fork West Fork studies was completed in June 2000. The DEIS will be tiered to the PEIS. The public will be invited to participate in the scoping process, invited to attend public meetings, and given the opportunity to review the DEIS. The first public scoping meeting will be on (see DATES & ADDRESSES ). Subsequent public meetings, if deemed necessary, will be announced in the local news media. Release of the DEIS for public comment is scheduled for March 2007. The exact release date, once established, will be announced through mailings to known interested individuals, agencies and officials and in the local news media. Future coordination with other agencies and public scoping will be conducted to ensure full and open participation and aid in the development of the DEIS. All affected Federal, state, and local agencies, affected Indian tribes, and other interested private organizations and parties are hereby invited to participate. Future coordination will also be conducted with the United States Fish and Wildlife Service (USFWS). The USFWS will furnish information on threatened and endangered species in accordance with the Endangered Species Act. In addition, the USFWS will also be requested to provide support with planning aid and to provide a Fish and Wildlife Coordination Act Report. The State Historic Preservation Office will be consulted as required by Section 106 of the National Historic Preservation Act. John C. Dvoracek, Lieutenant Colonel, Corps of Engineers, Deputy District Engineer. [FR Doc. E5-6642 Filed 11-28-05; 8:45 am] BILLING CODE 3710-P DEPARTMENT OF DEFENSE Department of the Navy Meeting of the U.S. Naval Academy Board of Visitors AGENCY: Department of the Navy, DoD. ACTION: Notice of partially closed meeting. SUMMARY: The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. The meeting will include discussions of personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The executive session of this meeting will be closed to the public. DATES: The open session of the meeting will be held on Monday, December 12, 2005, from 8 a.m. to 10 a.m. The closed Executive Session will be held on Monday, December 12, 2005, from 10 a.m. to 1 p.m. ADDRESSES: The meeting will be held in the U.S. Naval Academy in the Bo Coppedge Room of Alumni Hall, Annapolis, Maryland. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander, Marc D. Boran, Executive Secretary to the Board of Visitors, Office of the Superintendent, U.S. Naval Academy, Annapolis, MD 21402-5000, 410-293-1503. SUPPLEMENTARY INFORMATION: This notice of meeting is provided per the Federal Advisory Committee Act (5 U.S.C. App. 2). The executive session of the meeting will consist of discussions of personnel issues at the Naval Academy and internal Board of Visitors matters. Discussion of such information cannot be adequately segregated from other topics, which precludes opening the executive session of this meeting to the public. Accordingly, the Secretary of the Navy has determined in writing that the meeting shall be partially closed to the public because it will be concerned with matters listed in section 552b(c)(2), (5), (6),
(7)and
(9)of title 5, United States Code. Dated: November 22, 2005. Eric McDonald, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E5-6646 Filed 11-28-05; 8:45 am] BILLING CODE 3810-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education SUMMARY: The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before January 30, 2006. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: November 22, 2005. Angela C. Arrington, Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer. Federal Student Aid *Type of Review:* Revision of a currently approved collection. *Title:* Federal Direct PLUS Loan Application and Master Promissory Note, and Endorser Addendum (LO). *Frequency:* On Occasion. *Affected Public:* Individuals or household (primary). *Reporting and Recordkeeping Hour Burden:* Responses: 230,625. Burden Hours: 115,313. *Abstract:* The PLUS MPN is the means by which an individual applies for and agrees to repay a Federal Direct PLUS Loan. If an applicant for a Federal Direct PLUS Loan is determined to have an adverse credit history and obtains an endorser, the Endorser Addendum is the means by which an endorser agrees to repay the loan if the borrower does not repay it. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 02942. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to the Internet address *OCIO_RIMG@ed.gov* or faxed to 202-245-6621. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be directed to Joe Schubart at *Joe.Schubart@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E5-6629 Filed 11-28-05; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Order Addressing Change in Status Filing and Providing Guidance Issued November 17, 2005. Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead Brownell, and Suedeen G. Kelly. Docket Nos. Calpine Energy Services, LP ER00-3562-003; ER05-817-001; Calpine PowerAmerica-OR, LLC ER03-341-002 Calpine PowerAmerica-CA, LLC ER03-342-002 Power Contract Financing, LLC ER03-838-003 PCF2, LLC ER04-1081-001 Calpine Energy Management, LP ER04-1080-001 CES Marketing V, LP ER03-209-002 Calpine Northbrook Energy Marketing, LLC ER03-36-004 MEP Pleasant Hill, LLC ER99-2858-008 Calpine Bethpage 3, LLC ER05-48-001 Ontelaunee Power Operating Company, LLC ER05-1266-001 CES Marketing VIII, LLC ER05-818-001 CES Marketing IX, LLC ER05-819-001 CES Marketing X, LLC ER05-820-001 Zion Energy, LLC ER02-1319-004 Calpine Newark, LLC ER04-831-002 Calpine Parlin, LLC ER04-832-002 Calpine Construction Finance Company, LP ER00-1115-003 Calpine Philadelphia Energy, Inc. ER03-446-002 CPN Bethpage 3rd Turbine, Inc. ER02-1959-003 Bethpage Energy Center 3, LLC ER04-1099-001 TBG Cogen Partners ER04-1100-001 Gilroy Energy Center, LLC ER01-2688-008 Creed Energy Center, LLC ER02-2227-004 Delta Energy Center, LLC ER02-600-006 Goose Haven Energy Center, LLC ER02-2229-003 Los Esteros Critical Energy Facility, LLC ER03-24-003 Metcalf Energy Center, LLC ER05-67-001 Pastoria Energy Facility LLC ER05-68-001 Geysers Power Company, LLC ER99-1983-003 Calpine California Equipment Finance Company, LLC ER03-290-002 1. In this order, the Commission accepts a notice of change in status filed by Calpine Energy Services, L.P.
(CES)and its affiliated public utilities (collectively, the Calpine Entities), to report a change in status that reflects a departure from the characteristics that the Commission relied upon in granting these entities market-based rate authority, pursuant to the reporting requirements of Order No. 652. 1 For the reasons discussed below, and based on Calpine Entities' representations, we accept the Calpine Entities' change in status filing. 1 Reporting Requirement for Changes in Status for Public Utilities with Market-Based Rate Authority, FERC Stats. & Regs., Regulations Preambles III ¶ 31,175 (Feb. 10, 2005) (Order No. 652), order on reh'g, 111 FERC ¶ 61,413 (2005). 18 CFR 35.27(c) (2005). Background 2. On September 9, 2005, CES and the Calpine Entities filed a notice of change in status to report that CES, a power marketer, had entered into two Energy Management Agreements regarding certain third party-owned electric generating assets as described below. In addition, the Calpine Entities state that CES anticipates entering into a third such agreement, as also described below. The Calpine Entities state that under the Commission's regulations, they are required to report any change in status that would reflect a departure from the characteristics the Commission relied upon in granting them market-based rate authority. 2 The Calpine Entities assert that they are providing this notice here out of an abundance of caution based on their belief that the Energy Management Agreements described in their filing do not constitute a change in status, as contemplated by the Commission's regulations. The Calpine Entities claim that CES will not acquire control of the facilities at issue under these agreements. 3 2 *See, e.g.,* 18 CFR 35.27(c)(1) (defining a “change in status” to include, but not be limited to, “ownership or control of generating or transmission facilities or inputs to electric power production other than fuel supplies.”). 3 The agreements themselves were not included by the Calpine Entities in their submittal. 3. The Calpine Entities state that even assuming CES is deemed to acquire control of these facilities, this authority would not alter the Commission's prior determinations that CES and its affiliates satisfy the Commission's four-part test for market based rate authority. The IECC Agreement 4. The Calpine Entities state that on July 29, 2005, CES and Inland Empire Energy Center, LLC
(IECC)entered into an Energy Management Agreement (IECC Agreement), pursuant to which CES will provide certain services to IECC, the owner of a 775 MW natural gas-fired electric generating facility located in Riverside County, California (IECC Facility). The Calpine Entities state that the IECC Facility is expected to begin commercial operations in 2008, with the output of the facility to be delivered into the transmission system operated by the California Independent System Operator, Inc. (CAISO). 5. The Calpine Entities state that CES will act as IECC's agent to market and schedule the energy, capacity, ancillary services, and any other product produced by the IECC Facility and arrange for the procurement and maintenance of transmission service for the products produced by the IECC Facility. CES states it will also arrange for the procurement and scheduling of natural gas supplies for use at the IECC Facility. The Calpine Entities state that IECC will be the operator of the IECC Facility and that CES will act pursuant to orders from IECC. CES states it will have limited discretion as to prices for which it sells the output of the IECC Facility and purchases products used to generate the IECC's Facility's output and deliver this output to third parties. The POA Agreement 6. The Calpine Entities state that on August 5, 2005, CES and Project Orange Associates, L.L.C.
(POA)entered into an Energy Management Agreement (POA Agreement), pursuant to which CES will provide certain services to POA, the owner of an 80 MW natural gas-fired cogeneration facility located in Syracuse, New York (POA Facility). The Calpine Entities state that the output of the POA Facility will be sold into the markets operated by the New York Independent System Operator (NYISO). CES states that it will act as POA's agent and, as directed by POA, bid, schedule, and sell the output of the POA Facility in the NYISO market. CES also states it will schedule natural gas transportation deliveries and assist in managing POA's pipeline imbalances. The Calpine Entities state that CES will have limited discretion concerning the prices for which it sells the output of the POA Facility and purchases fuel and other products. The OPOC Agreement 7. The Calpine Entities state that CES and Ontelaunee Power Operating Company, LLC
(OPOC)expect to enter into an Energy Management Agreement in September 2005 (OPOC Agreement), pursuant to which CES will provide certain services to OPOC, the owner of a 587 MW electric generation facility located in Reading, Pennsylvania. The Calpine Entities state that the output of the facility will be sold into the markets operated by PJM Interconnection, L.L.C. (PJM). CES states that it will provide the following services at the direction of, and subject to the approval of, OPOC: Power management services (including marketing, bidding, and scheduling), fuel management, and risk management services. CES states that it will have the authority to enter into transactions for the purchase or sale of fuel or power with a term of 31 days or less. In addition, the Calpine Entities state that the authority for CES to execute other types of transactions could be delegated by OPOC from time-to-time by written notice. 8. Finally, the Calpine Entities include in their submittal tariff revisions for those of their affiliates who have not previously filed to revise their market-based rate tariffs to include the reporting requirement for changes in status, as required by Order No. 652. 9. Notice of the Calpine Entities' submittal was published in the **Federal Register** , 4 with interventions or protests due on or before October 11, 2005. None was filed. 4 70 FR 57,573 (2005). Discussion 10. For the reasons discussed below, we will accept the Calpine Entities' notice of change in status, as it relates to the POA Agreement and the OPOC Agreement. We will not address, at this time, the Calpine Entities' representations as they relate to the IECC Agreement, given the premature nature of any evaluation concerning market conditions in the CAISO market as of the IECC Facility's projected 2008 in-service date. 11. Order No. 652 requires that a seller with market-based rate authority notify the Commission of a change in status that would reflect a departure from the characteristics relied upon by the Commission in granting the seller market-based rate authority. Section 35.27(c)(1) of the Commission's regulations defines a change in status to include but not be limited to “ownership or control of generation or transmission facilities or inputs to electric power production other than fuel supplies.” 12. The Calpine Entities state that under the Energy Management Agreements described herein CES will not exercise control over the generating facilities at issue ( *i.e.* , over the IECC Facility, the POA Facility, or the OPOC Facility), as contemplated by Order No. 652. 5 However, we cannot make this determination here based on the record before us, in the absence of the agreements at issue and/or a more detailed description of the services provided under these agreements and their effect on the Calpine Entities' market power analyses. 5 “In short, if an applicant has control over certain capacity such that the applicant can affect the ability of the capacity to reach the relevant market, then the capacity should be attributed to the applicant when performing the generation market power screens.” Order No. 652 at P 47. 13. We clarify, in this regard, that sellers making a change in status filing to report an energy management agreement are required to make an affirmative statement in their filing as to whether the agreement at issue transfers control of any assets and whether the agreement results in any material effect on the conditions that the Commission relied upon for the grant of their market-based rate authority. On some occasions, and at the Commission's discretion, the Commission may request the seller to submit a copy of the agreement and provide supporting documentation. 14. We further clarify that a seller making a change in status filing is required to state whether it has made a filing pursuant to section 203 of the Federal Power Act. 6 To the extent the seller has made a section 203 filing that it submits is being made out of an abundance of caution and thus has voluntarily consented to the Commission's section 203 jurisdiction, the seller will be required to incorporate this same assumption in its market-based rate change in status filing ( *e.g.* , if the seller assumes that it will control a jurisdictional facility in a section 203 filing, it should make that same assumption in its market-based rate change in status filing and, on that basis, inform the Commission as to whether there is any material effect on its market-based rate authority). 7 6 16 U.S.C. 824b (2000). 7 Order No. 652 at P 35. 15. The Calpine Entities argue that even assuming that CES will control the capacity attributable to its Energy Management Agreements, neither CES nor any of its affiliates would possess generation market power in the relevant markets ( *i.e.* , in the CAISO, PJM, or the NYISO), or fail to satisfy the Commission's other requirements applicable to their market-based rate authority. 8 8 The Calpine Entities rely, in this regard, on their recently submitted triennial review analyses, for each of these three markets. 16. We agree that even attributing the capacity associated with the POA Facility and the OPOC Facility to the Calpine Entities would not alter our recent determinations that the Calpine Entities, in these markets ( *i.e.* , in the NYISO and PJM), continue to satisfy our requirements applicable to the grant of their market-based rate authority. 9 However, as noted above, we cannot decide this issue at this time, as it relates to the IECC Facility, which is not scheduled to become operational until 2008. A change in status filing regarding CES' agreement with regard to the IECC Facility should be made by the Calpine Entities no later than 30 days after the IECC Facility becomes operational. 9 *See Creed Energy Center, LLC* , Docket No. ER02-2227-003, (November 2, 2005) (unpublished letter order). *See also CES Marketing VI, LLC et al.* , 111 FERC ¶ 61,261 (2005). 17. Finally, we will accept for filing the Calpine Entities' proposed tariff revisions incorporating the reporting requirement for changes in status, as required by Order No. 652. The Commission Orders
(A)The Calpine Entities' notice of change in status and proposed tariff revisions are hereby accepted for filing, in part, as discussed in the body of this order.
(B)The Secretary is directed to publish a copy of this order in the **Federal Register** . By the Commission. Magalie R. Salas, Secretary. [FR Doc. 05-23468 Filed 11-28-05; 8:45 am]
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