Notices. Notice of proposed subsequent arrangement
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/register/2006/09/27/06-8289A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 5001-06-M DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, 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 November 27, 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 IC Clearance Official, Regulatory Information Management Services, Office of Management, 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: September 21, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Revision. *Title:* Schools and Staffing Survey 2007. *Frequency:* One-time. *Affected Public:* State, local, or tribal gov't, SEAs or LEAs; businesses or other for-profit; not-for-profit institutions. *Reporting and Recordkeeping Hour Burden:* * Responses:* 124,906. * Burden Hours:* 70,775. *Abstract:* The Schools and Staffing Survey is a nationally and state representative survey of teachers, principals, schools and school districts. Respondents include public and private school principals, teachers and school and LEA staff persons. Topics covered include characteristics of teachers, principals, schools, school libraries, teacher training opportunities, retention, retirement, hiring, and shortages. 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 3191. 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 *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@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. E6-15847 Filed 9-26-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Office of International Regimes and Agreements; Proposed Subsequent Arrangement AGENCY: Department of Energy. ACTION: Notice of proposed subsequent arrangement. SUMMARY: This notice is being issued under the authority of Section 131 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160). The Department is providing notice of a proposed “subsequent arrangement” under the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy between the United States and the European Atomic Energy Community (EURATOM) and the Agreement for Cooperation Concerning Civil Uses of Atomic Energy between the United States and Norway. This subsequent arrangement concerns the retransfer of eight irradiated fuel rod segments containing a total of 124.4 grams of U.S.-origin uranium, 5.74 grams of which is U-235, and 11.48 grams of U.S.-origin plutonium, from the Institutt for Energiteknikk, Kjeller, Norway, to the CEA/CEN Cadarache, LECA/STAR research center, Saint Paul-Les-Durance, France. The segments, irradiated at the Halden Boiling Water Reactor, are being retransferred for the purpose of post irradiation examination. CEA/CEN Cadarache, LECA/STAR research center is authorized to receive nuclear material pursuant to the U.S.-Euratom Agreement for Cooperation. In accordance with Section 131 of the Atomic Energy Act of 1954, as amended, we have determined that this subsequent arrangement will not be inimical to the common defense and security. This subsequent arrangement will take effect no sooner than fifteen days after the date of publication of this notice. Dated: September 21, 2006. For the Department of Energy. Anatoli Welihozkiy, Acting Director, Office of International Regimes and Agreements. [FR Doc. E6-15804 Filed 9-26-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Science; Biological and Environmental Research Advisory Committee AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Biological and Environmental Research Advisory Committee. Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the **Federal Register** . DATES: Monday, October 16, 2006, 8:30 a.m. to 5:30 p.m. ADDRESSES: Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Road, North Bethesda, MD 20852. FOR FURTHER INFORMATION CONTACT: Dr. David Thomassen (301-903-3251; *david.thomassen@science.doe.gov* ) Designated Federal Officer, Biological and Environmental Research Advisory Committee, U.S. Department of Energy, Office of Science, Office of Biological and Environmental Research, SC-23/Germantown Building, 1000 Independence Avenue, SW., Washington, DC 20585-1290. The most current information concerning this meeting can be found on the Web site: *http://www.science.doe.gov/ober/berac/announce.html.* SUPPLEMENTARY INFORMATION: *Purpose of the Meeting:* To provide advice on a continuing basis to the Director, Office of Science of the Department of Energy, on the many complex scientific and technical issues that arise in the development and implementation of the Biological and Environmental Research Program. Tentative Agenda Monday, October 16, 2006 • Comments from the Office of Science • Report by Dr. Jerry Elwood, Acting Associate Director of Science for Biological and Environmental Research • Report on BERAC review of Free Air Carbon Dioxide Enrichment
(FACE)Experiments • Reports on progress toward long term Performance Assessment Rating Tool
(PART)Measures • Update on Genomics: GTL program • New business • Public comment (10 minute rule) *Public Participation:* The one-day meeting is open to the public. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of the items on the agenda, you should contact David Thomassen at the address or telephone number listed above. You must make your request for an oral statement at least five business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Committee will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule. *Minutes:* The minutes of this meeting will be available for public review and copying within 30 days at the Freedom of Information Public Reading Room, IE-190, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Issued in Washington, DC on September 21, 2006. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E6-15828 Filed 9-26-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Nevada AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Nevada Test Site. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Wednesday, October 11, 2006; 5 p.m.-8 p.m. ADDRESSES: 7710 West Cheyenne Avenue, Conference Room #130, Las Vegas, Nevada. FOR FURTHER INFORMATION CONTACT: Kelly Snyder, Deputy Designated Federal Officer, P.O. Box 98518, Las Vegas, Nevada 89193. Phone:
(702)295-2836; E-mail: *snyderk@nv.doe.gov* . SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. *Tentative Agenda:* Approval of three letters pertaining to budget allocation, budget prioritization, and membership recruitment. Committee updates. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Kelly Snyder at the telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. This notice is being published less than 15 days prior to the meeting date due to programmatic issues that had to be resolved prior to the meeting date. *Minutes:* The minutes of this meeting will be available for public review and copying at the U.S. Department of Energy's Freedom of Information Public Reading Room, 1E-190, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Minutes will also be available by writing to Kelly Snyder at the address listed above. Issued at Washington, DC on September 22, 2006. Rachel Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E6-15829 Filed 9-26-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy Federal Energy Management Advisory Committee AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces an open meeting of the Federal Energy Management Advisory Committee (FEMAC). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that these meetings be announced in the **Federal Register** to allow for public participation. This notice announces the fourteenth FEMAC public meeting, an advisory committee established under Executive Order 13123—“Greening the Government through Efficient Energy Management.” DATES: October 19, 2006; 1 p.m. to 4:30 p.m. ADDRESSES: Lowe's L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., Lafayette Room, Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Rick Klimkos, Designated Federal Officer, Office of Federal Energy Management Programs, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585;
(202)586-8287. SUPPLEMENTARY INFORMATION: *Purpose of the Meeting:* To seek input and feedback from interested parties on working group recommendations to meet mandated Federal energy management goals. *Tentative Agenda:* Agenda will include discussions on the following topics: ○ Update on FEMAC working group activities; ○ Discussion on FEMAC priorities; ○ Open public discussion. *Public Participation:* In keeping with procedures, members of the public are welcome to observe the business of the Federal Energy Management Advisory Committee. If you would like to file a written statement with the committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact Rick Klimkos at
(202)586-8287 or *rick.klimkos@ee.doe.gov* (e-mail). You must make your request for an oral statement at least 5 business days before the meeting. Members of the public will be heard in the order in which they sign up at the beginning of the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The chair of the committee will make every effort to hear the views of all interested parties. The chair will conduct the meeting to facilitate the orderly conduct of business. *Minutes:* The minutes of the meeting will be available for public review and copying within 60 days at the Freedom of Information Public Reading Room; Room 1E-190; Forrestal Building; 1000 Independence Avenue, SW., Washington, DC, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Issued at Washington, DC on September 21, 2006. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E6-15830 Filed 9-26-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL05-74-003] American Electric Power Service Corporation, Behalf of: Appalachian Power Company, Columbus Southern Power Company, Indiana Michigan Power Company, Kentucky Power Company, Kingsport Power Company, Ohio Power Company, Wheeling Power Company, Commonwealth Edison Company, and Commonwealth Edison Company of Indiana, Inc., Dayton Power and Light Company; Notice of Compliance Filing September 20, 2006. Take notice on September 14, 2006, PJM Interconnection filed a refund report, showing refunds that were implemented in its June billings to its members and settled on July 20, 2006, pursuant to the Commission's order issued May 30, 2006. 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 5, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-15806 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EF06-2011-000] United States Department of Energy—Bonneville Power Administration; Order Approving Rates on an Interim Basis and Providing Opportunity for Additional Comments Issued September 21, 2006. *Before Commissioners:* Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. 1. In this order, we approve the Bonneville Power Administration's (Bonneville) proposed wholesale power rates 1 on an interim basis, pending our full review for final approval. We also provide an additional period of time for parties to file comments. The proposed wholesale power rates are intended to allow Bonneville to recover its costs and repay the Federal investment in the Federal Columbia River Power System. Background 2. On July 28, 2006, Bonneville filed a request for interim and final approval of its wholesale power rates in accordance with the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) 2 and subpart B of part 300 of the Commission's regulations. 3 Interventions and Comments 3. Notice of Bonneville's July 28, 2006 wholesale power rates filing was published in the **Federal Register,** 71 FR 45,801 (2006), with protests or interventions due on or before August 28, 2006. Avista Corporation, Portland General Electric Company, Idaho Power Company, PacifiCorp, Puget Sound Energy, Inc., Northwest Requirements Utilities, 4 and the Industrial Customers of Northwest Utilities filed timely motions to intervene, raising no substantive issues. 4. In addition, the Columbia River Inter-Tribal Fish Commission, the Nez Perce Tribe, and the Yakama Nation (collectively, Tribes), LS Power Associates, LLC (LS Power), and PPM Energy, Inc., Northwest Independent Power Producers Coalition, TransAlta Centralia Generation, LLC, and Calpine Corporation (collectively, Generators) filed timely motions to intervene and protests. Bonneville filed an answer in response to Generators protest. Additionally, Bonneville filed an answer in opposition to LS Power's intervention and protest. Discussion Procedural Matters 1 The proposed wholesale power rates for which Bonneville seeks approval for the period October 1, 2006 through September 30, 2009, include: PF-07 Priority Firm Power Rate, NR-07 New Resource Firm Power Rate, IP-07 Industrial Firm Power Rate, FPS-07 Firm Power Products and Services Energy Rate, and GTA General Transfer Agreement Delivery Charge in addition to related General Rates Schedule Provisions (GRSPs). 2 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000). 3 18 CFR part 300 (2006). 4 They are comprised of various municipalities, public utility districts, cooperatives, *etc.,* and they seek to intervene jointly and also individually. 5. Pursuant to Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2006), the timely, unopposed motions to intervene serve to make the entities that filed them parties to this proceeding. Notwithstanding Bonneville's opposition, we will grant LS Power's motion to intervene given its interest in this proceeding, the early stage of this proceeding, and the absence of undue prejudice or delay. Standard of Review 6. Under the Northwest Power Act, the Commission's review of Bonneville's regional power and transmission rates is limited to determining whether Bonneville's proposed rates meet the three specific requirements of section 7(a)(2) of the Northwest Power Act: 5 5 16 U.S.C. 839e(a)(2) (2000). Bonneville also must comply with the financial, accounting, and ratemaking requirements in Department of Energy Order No. RA 6120.2.
(A)They must be sufficient to assure repayment of the Federal investment in the Federal Columbia River Power System over a reasonable number of years after first meeting Bonneville's other costs;
(B)They must be based upon Bonneville's total system costs; and
(C)Insofar as transmission rates are concerned, they must equitably allocate the costs of the Federal transmission system between Federal and non-Federal power. 7. Commission review of Bonneville's non-regional, non-firm rates also is limited. Review is restricted to determining whether such rates meet the requirements of section 7(k) of the Northwest Power Act, 6 which requires that they comply with the Bonneville Project Act, the Flood Control Act of 1944, and the Federal Columbia River Transmission System Act (Transmission System Act). Taken together, those statutes require Bonneville to design its non-regional, non-firm rates: 6 16 U.S.C. 839e(k) (2000).
(A)To recover the cost of generation and transmission of such electric energy, including the amortization of investments in the power projects within a reasonable period;
(B)To encourage the most widespread use of Bonneville power; and
(C)To provide the lowest possible rates to consumers consistent with sound business principles. 8. Unlike the Commission's statutory authority under the Federal Power Act, the Commission's authority under sections 7(a) and 7(k) of the Northwest Power Act does not include the power to modify the rates. The responsibility for developing rates in the first instance is vested with Bonneville's Administrator. The rates are then submitted to the Commission for approval or disapproval. In this regard, the Commission's role can be viewed as an appellate one: To affirm or remand the rates submitted to it for review. 7 7 E.g., United States Department of Energy—Bonneville Power Administration, 67 FERC ¶ 61,351 at 62,216-17 (1994); see also, e.g., Aluminum Co. of *America* v. *Bonneville Power Administration,* 903 F.2d 585, 592-93 (9th Cir. 1989). 9. Moreover, review at this interim stage is further limited. In view of the volume and complexity of a Bonneville rate application, such as the one now before the Commission in this filing, and the limited period in advance of the requested effective date in which to review the application, 8 the Commission generally defers resolution of issues on the merits of Bonneville's application until the order on final confirmation. Thus, the proposed rates, if not patently deficient, generally are approved on an interim basis and the parties are afforded an additional opportunity in which to raise issues with regard to Bonneville's filing. 9 8 See 18 CFR § 300.10(a)(3)(ii) (2006). 9 See, e.g., United States Department of Energy—Bonneville Power Administration, 64 FERC ¶ 61,375 at 63,606 (1993); United States Department of Energy—Bonneville Power Administration, 40 FERC ¶ 61,351 at 62,059-60 (1987). Interim Approval 10. The Tribes argue that Bonneville's proposed rates are not sufficient to assure repayment of the Federal investment in the Federal Columbia River Power System, particularly given Bonneville's fish and wildlife obligations. Generators and LS Power challenge Bonneville's plan to deny compensation to unaffiliated generators within its control area for generation-supplied reactive power service as unduly discriminatory and in violation of Commission policy. 11. The Commission declines at this time to grant final confirmation and approval of Bonneville's proposed wholesale power rates. The Commission's preliminary review nevertheless indicates that Bonneville's wholesale power rates filing appears to meet the statutory standards and the minimum threshold filing requirements of part 300 of the Commission's regulations. 10 Moreover, the Commission's preliminary review of Bonneville's submittal indicates that it does not contain any patent deficiencies. The proposed rates therefore will be approved on an interim basis pending our full review for final approval. We note, as well, that no one will be harmed by this decision because interim approval allows Bonneville's rates to go into effect subject to refund with interest; the Commission may order refunds with interest if the Commission later determines in its final decision not to approve the rates. 11 10 See, e.g., United States Department of Energy—Bonneville Power Administration, 105 FERC ¶ 61,006 at P13-14 (2003); United States Department of Energy—Bonneville Power Administration, 96 FERC ¶ 61,360 at 62,358 (2001). 11 18 CFR 300.20(c) (2006). 12. In addition, we will provide an additional period of time for parties to file comments and reply comments on issues related to final confirmation and approval of Bonneville's proposed rates. This will ensure that the record in this proceeding is complete and fully developed. *The Commission orders:*
(A)Interim approval of Bonneville's proposed wholesale power rates is hereby granted, to become effective on October 1, 2006, subject to refund with interest as set forth in section 300.20(c) of the Commission's regulations, 18 CFR § 300.20(c) (2006), pending final action and either their approval or disapproval.
(B)Within thirty
(30)days of the date of this order, parties who wish to do so may file additional comments regarding final confirmation and approval of Bonneville's proposed rates. Parties who wish to do so may file reply comments within twenty
(20)days thereafter.
(C)The Secretary shall promptly publish this order in the **Federal Register.** By the Commission. Magalie R. Salas, Secretary. [FR Doc. E6-15798 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-596-000] Columbia Gulf Transmission Company; Notice of Proposed Changes in FERC Gas Tariff September 21, 2006. Take notice that on September 19, 2006, Columbia Gulf Transmission Company (Columbia Gulf) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the tariff sheets listed on Appendix A to the filing, bearing a proposed effective date of October 19, 2006. Columbia Gulf states that it is making this filing to incorporate the policies stated in the Commission's June 16, 2005, Policy Statement on Creditworthiness Issues for Interstate Natural Gas Pipelines and Order Withdrawing Rulemaking Proceeding in Docket Nos. PL05-8-000 and RM04-4-000. Columbia Gulf states that copies of the filing have been mailed to all firm customers, interruptible customers, and affected state commissions. 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 in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-15814 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-595-000] Discovery Gas Transmission LLC; Notice of Proposed Changes in FERC Gas Tariff September 21, 2006. Take notice that on September 15, 2006, Discovery Gas Transmission LLC (Discovery) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets to become effective October 15, 2006: First Revised Sheet No. 22. Original Sheet No. 23. Sixth Revised Sheet No. 108. First Revised Sheet No. 199. Original Sheet No. 199A. 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 in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-15813 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-597-000] Eastern Shore Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff September 21, 2006. Take notice that on September 19, 2006 Eastern Shore Natural Gas Company (Eastern Shore) tendered for filing its Annual Charge Adjustment
(ACA)filing proposed to be effective October 1, 2006. Eastern Shore states that copies of its filing have been mailed to its customers and interested State Commissions. 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 in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-15815 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-599-000] Guardian Pipeline, L.L.C.; Notice of Tariff Filing September 21, 2006. Take notice that on September 19, 2006, Guardian Pipeline, L.L.C. (Guardian) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Twelfth Revised Sheet No. 5, to become effective November 1, 2006. 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 in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-15808 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RR06-1-002] North American Electric Reliability Council and North American Electric Reliability Corporation; Notice of Compliance Filing September 20, 2006. Take notice that on September 18, 2006, the North American Electric Reliability Council and its affiliate, North American Electric Reliability Corporation, (collectively, NERC) filed a compliance filing addressing various governance issues identified in the Commission's order certifying NERC as the Electric Reliability Organization. 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 2, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-15805 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL06-105-000] NorthWestern Corporation; Notice of Filing September 21, 2006. Take notice that on September 12, 2006, NorthWestern Corporation filed a petition for declaratory order, pursuant to Rule 207 of the Rules of Practice and Procedure, requesting the Commission to approve the use of an electric transmission rate design to allocate cost responsibility for new transmission facilities constructed to satisfy transmission service requests from participants in an on-going Open Season. 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. *Comment Date:* 5 p.m. Eastern Time on October 20, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-15809 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP06-459-000] Transwestern Pipeline Company, LLC; Notice of Application September 21, 2006. Take notice that on September 15, 2006, Transwestern Pipeline Company, LLC (Transwestern), 5444 Westheimer Road, Houston, Texas 77056-5306, filed an application under section 7(c) of the Natural Gas Act
(NGA)and parts 157 and 284 of the Commission's regulations, seeking authority to construct and operate:
(i)Approximately 25 miles of 36-inch diameter pipeline loop in two segments on its existing San Juan Lateral in San Juan and McKinley Counties, New Mexico (San Juan 2008 Expansion Project),
(ii)a new 259-mile pipeline consisting of 36-inch and 42-inch diameter pipe extending southward from Transwestern's existing mainline near Ash Fork in Yavapai County, Arizona through Coconino and Maricopa Counties, Arizona and terminating at the beginning of El Paso Natural Gas Company's (El Paso) East Valley Lateral near the City of Coolidge in Pinal County, Arizona (Phoenix Pipeline), and
(iii)customer laterals, meter stations, and ancillary facilities (Phoenix Pipeline Project). In addition, Transwestern seeks authority to acquire an undivided interest in the East Valley Lateral and to use such facilities to render service in conjunction with the Phoenix Pipeline Project. The projects are collectively known as the Phoenix Expansion Project, all as more fully set forth in the application which is on file with the Commission and open for public inspection. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or for TTY, contact
(202)502-8659. Transwestern states that the purpose of the Phoenix Expansion Project is to provide up to 500,000 dth per day of firm natural gas transportation service from the San Juan Basin to markets in the Phoenix area. Transwestern states that it has entered into binding precedent agreements with 5 shippers for 370,000 dth per day of this capacity. The total estimated costs of the Phoenix Pipeline Project and San Juan 2008 Expansion are $597,737,942 and $62,377,862, respectively. Transwestern seeks approval of its proposal to provide service on the Phoenix Pipeline Project under new Rate Schedules FTS-5 and ITS-2 and seeks a pre-determination that the costs of the San Juan 2008 Expansion costs may be rolled-in to its existing rates under Rate Schedule FTS-4. Any questions regarding this application should be directed to Stephen T. Veatch, Senior Director, Certificates and Tariffs, Transwestern Pipeline Company, LLC, 5444 Westheimer Road, Houston, Texas 77056-5306;
(713)989-2024. On November 22, 2005, the Director of the Office of Energy Projects granted Transwestern's request to utilize the National Environmental Policy Act
(NEPA)Pre-Filing Process and assigned Docket No. PF06-4-000 to staff activities involving Transwestern's expansion project. Now, as of the filing of Transwestern's application on September 15, 2006, the NEPA Pre-Filing Process for this project has ended. From this time forward, Transwestern's proceeding will be conducted in Docket No. CP06-459-000, as noted in the caption of this Notice. 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 below listed comment date, 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. Motions to intervene, protests and comments 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. *Comment Date:* October 12, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-15817 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP06-452-000] Trunkline Gas Company, LLC; Notice of Filing September 20, 2006. Take notice that on September 11, 2006, Trunkline Gas Company, LLC (Trunkline Gas), P.O. Box 4967, Houston, Texas 77210-4967, filed an abbreviated application pursuant to the Natural Gas Act
(NGA)and part 157 of the Commission's Rules and Regulations requesting authorization for Trunkline Gas to abandon compression by relocation and by replacement, install additional new compression at existing compressor stations, install 36-inch diameter pipeline in Jasper and Newton Counties, Texas and Beauregard and Vermilion Parishes, Louisiana, along with related metering and appurtenant facilities. The application is on file with the Commission and open for public inspection. 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 excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at (866)208-3676, or for TTY, contact
(202)502-8659. The proposed project provides an opportunity for Trunkline Gas to meet increasing shipper requirements for Texas natural gas production to be delivered to the Sabine Henry Hub and the central gulf coast region. Trunkline Gas' open season began on May 23, 2005 and continued through July 28, 2005. As a result of the open season, Trunkline Gas has entered into four precedent agreements for firm transportation of: 335,000 Dth/day for ETC Marketing, Ltd.; 110,000 Dth/day for ProLiance Energy; 40,000 Dth/day for Enbridge Marketing, L.P.; and 25,000 Dth/day for Sequent Energy Management, L.P. The total cost of the proposed project is estimated at $158.9 million. Trunkline Gas proposes to commence construction in May 2007. Any questions regarding the application are to be directed to William W. Grygar, Rates and Regulatory Affairs, at
(713)989-7000, Trunkline Gas Company, LLC, P.O. Box 4967, Houston, Texas 77210-4967. Any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, 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. Motions to intervene, protests and comments 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. *Comment Date:* October 11, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-15807 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-598-000] Viking Gas Transmission Company; Notice of Tariff Filing September 21, 2006. Take notice that on September 19, 2006, Viking Gas Transmission Company (Viking) tendered for filing to be part of its FERC Gas Tariff, First Revised Volume No. 1, Eighteenth Revised Sheet No. 5B, to become effective November 1, 2006. 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 in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-15816 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 September 19, 2006. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC06-126-000. *Applicants:* Boston Edison Company; Commonwealth Electric Company; Canal Electric Company; Cambridge Electric Light Company. *Description:* Commonwealth Electric Company, *et al.* submit a response to the Commission's 8/25/06 deficiency letter. *Filed Date:* 9/14/2006. *Accession Number:* 20060914-5034. *Comment Date:* 5 p.m. Eastern Time on Thursday, October 5, 2006. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG06-80-000. *Applicants:* Hawks Nest Hydro LLC. *Description:* Hawks Nest Hydro, LLC Submits its Notice of Self-Certification of Exempt Wholesale Generator Status. *Filed Date:* 9/01/2006. *Accession Number:* 20060907-0165. *Comment Date:* 5 p.m. Eastern Time on Monday, October 2, 2006. *Docket Numbers:* EG06-81-000. *Applicants:* MinnDakota Wind LLC. *Description:* MinnDakota Wind LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status pursuant to 18 CFR, Section 266.7. *Filed Date:* 9/8/2006. *Accession Number:* 20060918-0374. *Comment Date:* 5 p.m. Eastern Time on Friday, September 29, 2006. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER98-3760-014. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corp submits a report concerning the issue of allowing multiple Scheduling Coordinators use of a single meter under ER98-3760. *Filed Date:* 9/7/2006. *Accession Number:* 20060919-0084. *Comment Date:* 5 p.m. Eastern Time on Thursday, September 28, 2006. *Docket Numbers:* ER99-1757-012; EL05-67-002; ER06-1312-001. *Applicants:* Empire District Electric Company. *Description:* The Empire District Electric Co submits its Fourth Revised Sheet 1 to FERC Electric Tariff, First Revised Volume 1, effective 5/16/05. *Filed Date:* 9/14/2006. *Accession Number:* 20060918-0382. *Comment Date:* 5 p.m. Eastern Time on Thursday, October 5, 2006. *Docket Numbers:* ER03-515-001. *Applicants:* Black Oak Capital, LLC. *Description:* Black Oak Capital, LLC submits its triennial updated market analysis. *Filed Date:* 9/13/2006. *Accession Number:* 20060918-0375. *Comment Date:* 5 p.m. Eastern Time on Wednesday, October 4, 2006. *Docket Numbers:* ER06-788-003; ER06-186-002. *Applicants:* Southern California Edison Company. *Description:* Southern California Edison Co submits a filing in compliance with FERC's 8/14/06 Order and revisions to the rate sheets to reflect the Order and recent approval of their Offer of Settlement under ER06-788. *Filed Date:* 9/11/2006. *Accession Number:* 20060915-0003. *Comment Date:* 5 p.m. Eastern Time on Monday, October 2, 2006. *Docket Numbers:* ER06-1083-001; ER06-1083-002. *Applicants:* PJM Interconnection, LLC. *Description:* PJM Interconnection LLC submits a service agreement, Substitute Original Service Agreement No. 1493 and submit an amendment to this filing on 9/14/06, Second Substitute Original Service Agreement No. 1493. *Filed Date:* 9/13/2006; 9/14/2006. *Accession Number:* 20060918-0376. *Comment Date:* 5 p.m. Eastern Time on Wednesday, October 4, 2006. *Docket Numbers:* ER06-1367-001. *Applicants:* BG Dighton Power, LLC. *Description:* BG Dighton Power LLC submits an amendment to its application for market-based rate authority filed 8/15/06. *Filed Date:* 9/15/2006. *Accession Number:* 20060918-0384. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. *Docket Numbers:* ER06-1421-001. *Applicants:* The Clearing Corporation. *Description:* The Clearing Corp submits its a revised application for market based rate authorizations to modify Sections 1 and 2 of the proposed Tariff, Original No. 1. *Filed Date:* 9/15/2006. *Accession Number:* 20060919-0085. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. *Docket Numbers:* ER06-1486-000. *Applicants:* Nevada Power Company; Sierra Pacific Resources Operating Company. *Description:* Nevada Power Co and Sierra Pacific Gas and Electric Co submits revisions to the Sierra Pacific Resources Operating Companies' OAT Tariff, FERC Electric Tariff, Third Revised Volume 1. *Filed Date:* 9/13/2006. *Accession Number:* 20060915-0002. *Comment Date:* 5 p.m. Eastern Time on Wednesday, October 4, 2006. *Docket Numbers:* ER06-1487-000; ER06-1487-001. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator Inc submits a Small Generation Interconnection Agreement with Ewington Energy System LLC and Great River Energy and submit an errata to this filing on 9/15/06. *Filed Date:* 9/13/2006; 9/15/2006. *Accession Number:* 20060915-0001; 20060919-0083. *Comment Date:* 5 p.m. Eastern Time on Wednesday, October 4, 2006. *Docket Numbers:* ER06-1488-000. *Applicants:* Oklahoma Gas and Electric Company. *Description:* Oklahoma Gas and Electric Co submits revised pages to its OAT Tariff, Third Revised Volume No. 2. *Filed Date:* 9/13/2006. *Accession Number:* 20060918-0377. *Comment Date:* 5 p.m. Eastern Time on Wednesday, October 4, 2006. *Docket Numbers:* ER06-1489-000. *Applicants:* S.A.C. Energy Investments, L.P. *Description:* SAC Energy Investments, LP submits its application for order accepting initial rate schedule, waiving regulations and granting blanket approvals. *Filed Date:* 9/13/2006. *Accession Number:* 20060918-0378. *Comment Date:* 5 p.m. Eastern Time on Wednesday, October 4, 2006. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-15802 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 September 20, 2006. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC06-145-001. *Applicants:* Rockingham Power, LLC; Dynegy Power Marketing, Inc.; Duke Power Company LLC. *Description:* Rockingham Power LLC *et al.* submit a Master Power Purchase & Sale Agreement, a 2002 Confirmation Agreement; and a 2004 Confirmation Agreement with North Carolina Municipal Power Agency No. 1. *Filed Date:* September 13, 2006. *Accession Number:* 20060919-0034. *Comment Date:* 5 p.m. Eastern Time on Wednesday, September 27, 2006. *Docket Numbers:* EC06-162-000: ER99-3502-006. *Applicants:* Berkshire Power Company, LLC; Berkshire Power Holdings, LLC. *Description:* Berkshire Power Holdings, LLC submits its application for authorization to transfer all of its membership interests in Berkshire Power Co, LLC and a change in status. *Filed Date:* September 13, 2006. *Accession Number:* 20060919-0126. *Comment Date:* 5 p.m. Eastern Time on Wednesday, October 4, 2006. *Docket Numbers:* EC06-163-000. *Applicants:* PPM Energy, Inc., PPM Wind Energy LLC, Aeolus Wind Power II LLC, Trimont Wind I LLC; Elk River Windfarm LLC; Shiloh I Wind Project LLC; Atlantic Renewable Projects, LLC; Flat Rock Windpower LLC. *Description:* PPM Energy, Inc & PPM Wind Energy, LLC et al submit a joint application requesting authorization for an intra-corporate restructuring under which PPM will transfer its ownership interests in 4 wind energy companies to Aeolus II. *Filed Date:* September 14, 2006. *Accession Number:* 20060919-0128. *Comment Date:* 5 p.m. Eastern Time on Thursday, October 5, 2006. *Docket Numbers:* EC06-164-000. *Applicants:* Boralex Industries, Inc., New Column Fund LLC; Column ATC Fund I LLC. *Description:* Boralex Industries, Inc, New Column Fund, LLC and Column ATC Fund I, LLC for approval of the transfer of indirect interest in jurisdictional facilities. *Filed Date:* September 15, 2006. *Accession Number:* 20060919-0178. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. Take notice that the Commission received the following electric rate filings. *Docket Numbers:* ER96-780-014. *Applicants:* Southern Company Services, Inc. *Description:* Southern Company Services, Inc on behalf of Alabama Power Co *et al.* informs FERC of a development that may be considered to be a reportable change in status. *Filed Date:* September 15, 2006. *Accession Number:* 20060919-0086. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. *Docket Numbers:* ER99-4122-020; ER06-1505-000. *Applicants:* APS Energy Services Company. *Description:* APS Energy Services Company, Inc. submits its waiver parts 41, 101, and 141 of Commission's regulations, *et al.* *Filed Date:* September 15, 2006. *Accession Number:* 20060914-5073. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. *Docket Numbers:* ER03-739-001. *Applicants:* El Dorado Irrigation District. *Description:* El Dorado Irrigation District submits its application for its market-based sales tariff, granting authorizations and blanket authority, and waiving certain requirements. *Filed Date:* September 15, 2006. *Accession Number:* 20060919-0185. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. *Docket Numbers:* ER03-821-001. *Applicants:* One Nation Energy Solutions, LLC. *Description:* One Nation Energy Solutions, LLC submits its triennial market power update. *Filed Date:* September 14, 2006. *Accession Number:* 20060919-0174. *Comment Date:* 5 p.m. Eastern Time on Thursday, October 5, 2006. *Docket Numbers:* ER05-764-004. *Applicants:* Montana Alberta Tie, Ltd. *Description:* Montana Alberta Tie, Ltd submits a revised open access transmission tariff, in compliance with FERC's July 20, 2006 Order. *Filed Date:* September 15, 2006. *Accession Number:* 20060919-0213. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. *Docket Numbers:* ER06-1491-000. *Applicants:* Aquila Inc. *Description:* Aquila, Inc on behalf of Aquila Networks-MPS et al submits revised tariff sheets for their Open Access Transmission Tariff in compliance with FERC's July 20, 2006 Order. *Filed Date:* September 15, 2006. *Accession Number:* 20060919-0186. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. *Docket Numbers:* ER06-1492-000. *Applicants:* Mid-Continent Energy Marketers Associations. *Description:* Mid-Continent Energy Marketers Association submits its revised Capacity and Energy Tariff. *Filed Date:* September 15, 2006. *Accession Number:* 20060919-0187. *Comment Date:* 5 p.m. Eastern Time on Friday, October 6, 2006. *Docket Numbers:* ER06-1493-000. *Applicants:* Niagara Mohawk Power Corporation. *Description:* Niagara Mohawk Power Corp dba National Grid submits the final Facilities Study Report to its interconnection service agreement with Besicorp-Empire Power Co, LLC. *Filed Date:* September 8, 2006. *Accession Number:* 20060919-0175. *Comment Date:* 5 p.m. Eastern Time on Friday, September 29, 2006. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-15803 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments September 21, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12734-000. c. *Date filed:* August 31, 2006. d. *Applicant:* Midwest Hydraulic, Inc. e. *Name of Project:* Williams Dam Project. f. *Location:* The project would be located on the East Fork of the White River in Lawrence County, Indiana. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contacts:* Mr. William Pickrell, Midwest Hydraulic, Inc., P.O. Box 167, Neshkoro, WI 54960, phone: (920)-293-4628. i. *FERC Contact:* Etta Foster,
(202)502-8769. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* Description of Project: The proposed project would consist of:
(1)The existing 280-foot-long, 21.7-foot-high Williams Dam,
(2)an existing reservoir having a surface area of 50 acres with negligible storage and normal water surface elevation of 475 feet mean sea level,
(3)a proposed powerhouse containing 4 generating units with a total installed capacity of 3,200 kilowatts,
(4)a proposed Transmission line, and
(5)appurtenant facilities. The project is estimated to have an annual generation of 15 gigawatt-hours, which would be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit:* Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application:* Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent:* A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit:* A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”,“COMPETING APPLICATION” OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E6-15810 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests September 21, 2006. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No.:* 2210-142. c. *Date filed:* September 8, 2006. d. *Applicant:* Appalachian Power Company. e. *Name of Project:* Smith Mountain Pumped Storage Project. f. *Location:* The project is located on the Roanoke River, in Bedford, Pittsylvania, Franklin, and Roanoke Counties, Virginia. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and 799 and 801. h. *Applicant Contact:* Teresa P. Rogers, Hydro Generation Department, Appalachian Power, P.O. Box 2021, Roanoke, VA 24022-2121,
(540)985-2441. i. *FERC Contact:* Rebecca Martin at 202-502-6012, or e-mail *Rebecca.martin@ferc.gov.* j. *Deadline for filing comments and or motions:* October 6, 2006. 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. Please include the project number (P-2210-142) on any comments or motions filed. 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 e-filings. k. *Description of Application:* The licensee requests a variance to grant Garry Viar permission construct a floating dock that will serve a single family home in the Lynville Creek area of Franklin County, Virginia. The proposed structure will be located adjacent to shoreline classified as Conservation/Environmental according to the Shoreline Management Plan, approved on July 5, 2005. The licensee is requesting the variance because the proposed action is not in conformance with the approved Shoreline Management Plan because of its proximity to wetlands. The licensee submitted the request for variance because the wetlands will not be impacted nor will vegetation be removed from the project boundary. l. *Location of Application:* The filing is available for review at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online support at *FERCOnlineSupport@ferc.gov* or toll free
(866)208-3676 or TTY, contact
(202)502-8659. 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. 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. E6-15811 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests September 21, 2006. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of License. b. *Project No:* 6066-026. c. *Date Filed:* June 8, 2006. d. *Applicant:* McCallum Enterprises I, LP. e. *Name of Project:* Derby Dam Project. f. *Location:* The project is located on the Housatonic River, in Fairfield and New Haven counties, Connecticut. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a—825r. h. *Applicant Contact:* Ms. Carol A. Lacasse, Operations Manager, McCallum Enterprises I, LP, 2874 Main Street, Stratford, CT 06614,
(203)386-1745. i. *FERC Contact:* Any questions on this notice should be addressed to: Anumzziatta Purchiaroni at
(202)219-3297, or e-mail address: *anumzziatta.purchiaroni@Ferc.fed.us.* j. *Deadline for filing comments and or motions:* October 6, 2006. k. *Description of Request:* McCallum Enterprises I, LP (McCallum) is requesting the Commission's approval to fill an existing canal located within the project boundary. McCallum is proposing to fill a portion of a canal, about 1,000 feet long, 92 feet wide and 5 feet deep, located on the west side of the project. The canal provides water to downstream commercial and industrial users. McCallum is proposing to install a pipe in order to maintain the supply of water to two existing users below the area proposed for filling. 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. E6-15812 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PL06-5-000] Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff; Settlements in Hydropower Licensing Proceedings Under Part I of the Federal Power Act; Policy Statement on Hydropower Licensing Settlements Issued September 21, 2006. 1. Hydroelectric licensing proceedings under Part I of the Federal Power Act
(FPA)are ulti-faceted and complex. These proceedings involve the balancing of many public interest factors, as well as consideration of the views of all interested groups and individuals. Moreover, since the physical design, environmental impact, and history of every project is different, each licensing proceeding is, to at least some extent, unique. 2. Given this backdrop, the Commission looks with great favor on settlements in licensing cases. When parties are able to reach settlements, it can save time and money, avoid the need for protracted litigation, promote the development of positive relationships among entities who may be working together during the course of a license term, and give the Commission, as it acts on license and exemption applications, a clear sense as to the parties' views on the issues presented in each settled case. 3. At the same time, the Commission cannot automatically accept all settlements, or all provisions of settlements. Section 10(a)(1) of the FPA requires that the Commission determine that any licensed project is best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of waterpower development, for the adequate protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habitat), and for other beneficial public uses, including irrigation, flood control, water supply, and recreational and other purposes referred to in section 4(e). 1 1 *See* 16 U.S.C. 803(a)(1) (2000). FPA section 4(e), 16 U.S.C. 797(e), provides, in pertinent part, that the Commission, in addition to the power and development purposes for which licenses are issued, shall give equal consideration to the purposes of energy conservation, the protection, mitigation of damages to, and enhancement of, fish and wildlife (including related spawning grounds and habitat), the protection of recreational opportunities, and the preservation of other aspects of environmental quality. 4. Consequently, in reviewing settlements, the Commission looks not only to the wishes of the settling parties, but also at the greater public interest, and whether settlement proposals meet the comprehensive development/equal consideration standard. Because of the requirements of Part I of the FPA, the Commission's review of hydropower licensing settlements is often different from that accorded to other settlements presented to us, such as those in rate cases. In the latter type of cases, the Commission may accept settlements as a whole, given that it has authority under section 5 of the Natural Gas Act and section 206 of the FPA to examine at any time whether rates, charges, rules, regulations, practices, or contracts are unjust, unreasonable, unduly discriminatory, or preferential. Because section 6 of the FPA precludes revision of hydropower licenses without the licensee's consent, it is necessary that the Commission examine proposed license conditions in detail before approving them. The Commission does include reopener provisions in hydropower licenses, but these are only exercised where environmental conditions have significantly changed. Were the Commission to assert a broad, general authority to reopen any part of a license during its term, equivalent to the authority provided by sections 5 and 206, this would sharply undercut the certainty sought by parties to licensing proceedings. As a separate matter, the Commission's role in overseeing license compliance makes it important that license conditions be clear and enforceable. 5. The Commission must also ensure that its decisions on settlements, like all decisions under the FPA, are supported by substantial evidence. 2 To support a proposed license condition, then, it is necessary for the parties to develop a factual record that provides substantial evidence to support the proposed condition, and demonstrates how the condition is related to project purposes or to project effects. The settling parties should provide the Commission with record support showing a nexus between the proposal and the impacts of the project, as well as to project purposes, and also explain how the proposal will accomplish its stated purpose. 2 *See* FPA section 313(b), 16 U.S.C. 825l
(2000)(“[t]he finding of the Commission as to the facts, *if supported by substantial evidence* , shall be conclusive”) (emphasis added). 6. In addition, proposed license conditions must be enforceable. By way of example, the Commission is precluded by law from assessing damages, so any condition that would do so would be unenforceable. To the extent that the Commission does not adopt proposed conditions that it has no jurisdiction to enforce, this does not evidence general opposition to settlements or to the settlement at hand, but rather recognition that the Commission can only exercise that authority given it by Congress. Also, the Commission has jurisdiction over only its licensees, and therefore cannot enforce any condition to the extent that it purports to place responsibility on a non-licensee. In addition, conditions that do not clearly outline the licensee's responsibilities and establish the parameters governing required actions may be difficult or impossible to enforce. However, as discussed below, contracts that the Commission cannot enforce may well be made enforceable by other means, such as binding arbitration, or resort to State or Federal court. 7. It should be noted that the fact that the Commission does not, whether as a matter of law or policy, include certain provisions in licenses does not mean that they are precluded from being included in a settlement. Settling parties are free to enter into “off-license” or “side” agreements with respect to matters that will not be included in a license. However, the Commission has no jurisdiction over such agreements and their existence will carry no weight in the Commission's consideration of a license application under the FPA. 8. Based on the foregoing, the logical process for arriving at an acceptable settlement is for the parties to undertake the following steps: • Use existing information and pre-license studies to determine the environmental effects of the proposed project. • Based on this record, develop appropriate environmental measures to address those effects. • Craft settlement provisions based on the record and the proposed measures, taking into account recent Commission precedent. • Prepare an explanation of the settlement that will enable the Commission to understand the parties' intent and what in the record they believe supports their proposals. 3 3 In its regulations, the Commission has set forth details concerning the content of settlements, and the procedures relating to their filing. *See* 18 CFR 385.602 (2006). 9. We are aware that settling parties have a strong interest in knowing in advance which provisions of proposed settlements are likely to be acceptable to the Commission. Precedent can serve as a very useful guide in this regard. If parties engaged in settlement discussions wish to obtain additional guidance as to particular concepts or proposed provisions, it may be useful to seek the advice of Commission staff, by requesting that staff either participate in an advisory role in settlement discussions or review proposed settlements before they are filed with the Commission. While Commission staff cannot speak for the Commission itself, staff will be able to give parties the benefit of its experience, as well as advice regarding recent Commission actions. Advice from experienced staff, coupled with careful reading of recent Commission precedent, is the best way to predict the Commission's likely reaction to particular provisions proposed in settlement agreements. 10. At the same time, we recognize the value of more general guidance. Therefore, we have prepared this document, in an attempt to elucidate certain principles regarding settlements. Some of the matters discussed below have been dealt with in Commission orders; others represent application of the principles enunciated in those orders. While we hope that this document will be useful to parties engaged in settlement negotiations, we caution that the Commission will review every case on its facts and make in each instance the public interest determination required by the FPA. Thus, the statements in this document represent guidance, but not a guarantee. It may be that the facts of a particular case dictate a different result from that in a previous proceeding where a similar issue arose, or that policy changes over time. 11. Certain general types of issues have arisen with some frequency over the last several years. The following discussion outlines some principles with respect to these issues, in the hope of providing general principles that may assist settling parties. In the last section of this guidance, we list more specific settlement provisions that have been of concern. While individual cases are cited throughout this document, this guidance is not intended to be an encyclopedic reference to all cases involving settlements. 12. The following basic principles, which are discussed in more detail below, apply to the consideration of measures proposed to be included as conditions in project licenses: • Measures must be based on substantial evidence in the record of the licensing proceeding. • Measures must be consistent with the law and enforceable. In particular, measures must be within the Commission's jurisdiction. • A relationship must be established between a proposed measure and project effects or purposes. • Measures should be as narrow as possible, with specific measures ( *e.g.* , installing riprap to prevent erosion) preferred over general measures, such as creation of an aquatic resource fund. • Actions required under measures should occur physically/geographically as close as possible to the project. • Measures must reserve the Commission's compliance authority, as well as its authority to review and modify as necessary proposed resource or activity plans (for example, a provision that a stakeholder committee can determine new measures during the license term should also provide that the proposed measures be filed with the Commission for its review, modification, and approval). Substantial Evidence 13. As noted above, the FPA provides that the Commission's determinations will be upheld if they are supported by substantial evidence. In consequence, the Commission must have substantial evidence to support its licensing decisions. If parties want the Commission to accept the terms of a settlement, they must provide substantial evidence to support the measures they ask the Commission to impose. Thus, for example, it would not be sufficient to ask the Commission to set a particular minimum instream flow solely because the parties have compromised on that number. Rather, the parties would need to provide a scientific explanation, supported by facts in the record, of how that level of flows meets the needs of affected resources and how it is consistent with the comprehensive development of the waterway. Similarly, if there is no showing of harm of a fishery, the record will not support a measure requiring the mitigation of harm to fish species. *See Allegheny Energy Supply Company, LLC* , 109 FERC ¶ 61,028 at P 6 (2004); *see also City of Centralia, WA* v. *FERC* , 213 F.3d 742 (D.C. Cir. 2000). Lawful And Enforceable 14. A settlement provision that extends beyond the Commission's jurisdiction to require or to enforce cannot become a lawful term in a Commission license. It would seem axiomatic that proposed settlement provisions and license conditions must be consistent with law. Yet, in some instances, settlements include provisions that purport to extend the Commission's jurisdiction. It is important for parties to bear in mind that the bounds of the Commission's jurisdiction are established by law and cannot be expanded through an order implementing a settlement. Thus, the Commission has jurisdiction only over its licensees and cannot enforce the provisions of a settlement against other parties, such as Federal and State agencies, or private parties. *See* , *e.g.* , *Avista Corporation* , 93 FERC ¶ 61,116 at 61,329 (2000). Matters that are beyond the Commission's jurisdiction can be resolved by parties in “off-license” agreements that will not be included in a license, *see* , *e.g.* , *City of Seattle, WA* , 75 FERC ¶ 61,319 at 62,014, n.6 (1996). As another example, because the FPA does not allow the Commission to impose damages, a damages provision may not properly be included in a license. *See* , *e.g.* *Consumers Power Company* , 68 FERC ¶ 61,077 at 61,378-80 (1994). In addition, the Commission cannot expand its own jurisdiction. Thus, even if parties agree that a license should include measures that are outside of the Commission's jurisdiction—for example, a requirement that a State agency manage a wildlife refuge—the Commission could not enforce the measures. Dispute Resolution/Enforceability 15. Parties to settlements often agree as to the form of dispute resolution they will use during the license term. Initially, the Commission declined to include in licenses dispute resolution provisions that purported to bind parties other than the licensee, on the ground that those provisions were unenforceable, given that the Commission had jurisdiction only over its licensees. *See,* *e.g.* *, Avista Corporation* , 93 FERC ¶ 61,116 (2000). The Commission later modified its policy, to the extent of deciding that it would require licensees to comply with settlement provisions of this kind, even though it could only enforce them against licensees. *See Erie Boulevard Hydropower, LP* , 100 FERC ¶ 61,321 at 62,502 (2002). Parties who want such provisions in licenses should bear in mind, however, the limited nature of the Commission's enforcement authority in such matters. Thus, for example, the Commission could require a licensee to comply with notice provisions or to attend meetings required by a dispute resolution provision. It could not require a Federal or State resource agency or a non-governmental entity to do so. Relationship to the Project Comprehensive Development 16. As noted above, pursuant to Part I of the FPA, the Commission is required to license projects that best result in the comprehensive development of a waterway. In order to determine whether proposed settlement provisions or license conditions meet this standard, it is necessary for the Commission to determine to what extent these proposals relate to project effects or project purposes. This is easier to do if the provisions in question call for specific measures (rather than a general expenditure of funds), if the measures call for actions in the project vicinity, and if the settling parties document how the measures are tied to project effects or purposes. Thus, it may be easy to understand and explain how construction of a campground or a boat put-in at a project reservoir is tied to the project purpose of recreation. It is harder to draw that connection if, for example, a settlement measure calls for recreation facilities many miles above or below the project, or for facilities, such as a snowmobile trail, that may not have an obvious connection to the project. Similarly, it is more difficult to explain how paying a dollar amount for future, unspecified enhancements is tied to a project purpose. As the Commission explained in *Virginia Electric Power Company* , 110 FERC ¶ 61,241 at P 11 (2005): We * * * note with approval the fact that the many measures required by the settlement and the corresponding license articles appear to call for activities related to project impacts and purposes. It is our strong preference that measures required in a license be clearly tied to the project at issue. We are sometimes troubled by settlements which require measures, such as general funds to be used for unspecified measures, that are not tied to either project impacts or purposes. In addition, we prefer measures requiring specific actions ( *i.e.* , the licensee shall construct a fish hatchery) to those mandating general actions whose effects are unclear ( *i.e.* , the licensee shall contribute $100,000 to support fisheries enhancements). It is much easier for us to conclude that a project proposal based on specific measures is in the public interest, as opposed to one made up in large part of measures whose impacts we cannot truly assess. We also note that we have a preference for mitigation or enhancement measures that are located in the vicinity of the project unless this is impractical or unless substantially increased overall project benefits can be realized from adopting off-site measures. Project Purposes 17. Instances of orders concluding that settlement measures were not sufficiently tied to project purposes or project effects include: *Portland General Electric Company* , 107 FERC ¶ 61,158 at P 21, n.21
(2004)(disposition of non-project lands and of water rights); *PacificCorp* , 105 FERC ¶ 61,237 at P 113, n.27
(2003)(portions of settlement not relating to project operations or environmental effects not included in license); *Pacific Gas and Electric Company* , 97 FERC ¶ 61,084 at 61,409-10
(2001)(monitoring of water temperature, flows, and meteorological conditions in reservoirs and river reaches within boundaries of upstream project; investigating feasibility of, and possibly making, modifications to upstream project); *Northern States Power Company* , 111 FERC ¶ 62,212 at P 31
(2005)(recreation enhancement measures outside project boundary that did not provide access to project lands or waters, where adequate access already provided at project); *PacifiCorp* , 104 FERC ¶ 62,059 at P 28
(2003)(provisions providing for recreation enhancements outside project boundary, and for sale of non-project lands); *USGen New England* , 99 FERC ¶ 62,025 at 64,060-61
(2002)(partially rejecting proposal for enhancement fund, to extent fund would cover activities outside project boundary, with no nexus to project, or, in case of mitigation for tax revenue impacts, beyond Commission's jurisdiction). Recreation 18. Many settlements contain provisions regarding recreation. As with other settlement provisions, it is important that parties base proposed recreation provisions on record evidence supporting the need for the proposed facilities and that they link the measures in question to the project. Thus, if a settlement proposes enhancements to campgrounds in the project area, parties should explain how those facilities are used in connection with the project and demonstrate the need for the facilities. For example, if data show that existing campgrounds are not greatly used, it may be hard to justify expanding them or adding new campgrounds. 19. Given that a project is primarily a water-based facility, it may not be hard to conclude that construction of a boat ramp, a fishing pier, or a hiking trail along the reservoir perimeter could be an appropriate environmental measure that serves a project purpose, if the need for that facility is established. These facilities would enable the public to better use the project lands and waters. It may be more difficult to justify recreation that is more remote from the project site (as in a campground located 20 miles away from any project works). Similarly, it may be hard to draw a public interest connection between a project and a recreation feature that does not appear to be tied to the nature of the project. For example, a community near a project might consider itself to be in need of a public auditorium. It would be difficult to justify inclusion of such a requirement in a license, unless the parties could demonstrate, not just why the proposed measure is generally worthwhile, but, more specifically, how it is linked to the effects and purposes of the project. *See Wisconsin Public Service Corporation* , 104 FERC ¶ 61,295 at P 32-33
(2003)(noting, with respect to decision not to require retention of certain recreation facilities within project boundary that environmental assessment had found “these facilities are not directly associated with public recreational access to project waters or facilities,” and concluding that facilities not included “have [insufficient] nexus to reservoir-based recreation and [similar facilities] are found elsewhere in the area.”); *Northern States Power Company* , 111 FERC ¶ 62,212 at P 31
(2005)(declining to include proposed recreation measures in license where it is unclear how measures address access to project lands or waters and when adequate recreational access provided by existing facilities). 20. Two other matters that can arise in connection with recreation facilities are inclusion within the project boundary and cost-sharing, both discussed below. If the licensee is expected to undertake measures throughout the license term, such as ongoing maintenance with respect to a recreation facility that the Commission has determined is necessary for project purposes,—and the Commission consequently will have ongoing responsibility to ensure compliance—the licensee may be required to include the facility within the project boundary. As noted, this means that the licensee will have to obtain sufficient rights with respect to the facility to ensure that it can comply with Commission requirements, but it does not mean that the licensee must obtain fee ownership. With respect to cost-sharing, settlements occasionally provide that the licensee will share the costs of maintaining a facility with a State or Federal agency (often the entity that owns the facility, such as a campground owned by the U.S. Forest Service). Again as noted below, if the Commission requires that a facility be maintained, it can look only to the licensee to do so. Thus, a license condition must place responsibility for completion of a measure on the licensee. As noted above, any cost-sharing agreement may have to be a matter of contract between the licensee and the third party, but will not be something that Commission staff will recommend including in a license. *See Alcoa Power Generating, Inc.* , 110 FERC ¶ 61,056 at P 31
(2005)(finding that, although licensee agreed with U.S. Forest Service and State agencies to share costs of recreation areas and facilities, ultimate responsibility for performance of license obligations must be borne by licensee). Specific Measures Cost Caps 21. In some settlements, parties place financial limits on the licensee's obligation to perform certain tasks (for example, “the licensee shall build a campsite at a cost of $10,000”) or limit the licensee's obligation to the payment of funds to a third party (for example, “the licensee shall pay $10,000 to the State to construct a fishing pier), rather than the performance of a particular measure. As the Commission has made clear, a licensee cannot satisfy the obligation to perform certain tasks by a simple payment to another party, nor can the obligation be limited by a particular dollar figure. The Commission will take an independent look at proposed measures and their costs, to determine if the proposals are reasonable. If a measure is required, however, it will be because the Commission has determined that the measure is required to meet the FPA's comprehensive development standard. In consequence, although the Commission sometimes includes in license articles spending caps that parties have agreed to, it does so to memorialize the intent of the parties, but not to approve the limit. The Commission expects the required measure to be performed by the licensee, even if the cost exceeds the agreed-upon cap. As the Commission stated in *Virginia Electric Power Company* , [s]ettlements filed with us often include specific dollar limitations ( *i.e.* , the licensee shall build a fishing pier, at a cost of up to $15,000), and we sometimes include those limitations in license articles at the parties' request, in an effort to revise proposed articles as little as possible. It is important for all entities involved in settlements to know, however, that we consider the licensee's obligation to be to complete the measures required by license articles, in the absence of authorization from the Commission to the contrary. Dollar figures agreed to by the parties are not absolute limitations. 110 FERC ¶ 61,241 at P 10 (2005). *See also New York Power Authority* , 105 FERC ¶ 61,102 at P 66
(2003)(reserving Commission's right to amend agreed-upon funding requirements to ensure that project is operated in public interest); *Allete, Inc.* , 107 FERC ¶ 62,036 at P 26 (2004); *City of Sturgis, Michigan* , 105 FERC ¶ 62,132 at P 37 (2003); *Charter Township of Ypsilanti, Michigan* , 105 FERC ¶ 62,019 at P 39 (2003); *PacifiCorp* , 105 FERC ¶ 62,207 at P 27 (2005). Cost Sharing 22. As noted, the Commission has no jurisdiction over any party to a hydroelectric licensing settlement other than the licensee. Some settlements include agreement that the licensee and some other party will share the costs of performing certain measures, such as an agreement that the licensee and a State and Federal agency will jointly manage a recreation area. The Commission cannot enforce such an agreement against a non-licensee. Another problem can arise if the agreement is premised on the receipt of matching funds; that is, the licensee won't be expected to make a payment unless another entity also does so. As discussed in regard to cost caps, if the Commission requires the licensee to undertake a particular measure, it will look to the licensee alone for the performance of that measure. *See, e.g., Virginia Electric Power Company* , 106 FERC ¶ 62,245 at P 44
(2004)(finding that, while settlement provisions require licensee to provide funds to agency for construction and maintenance of facilities, licensee is ultimately responsible for compliance with license conditions); *PacifiCorp* , 105 FERC ¶ 62,207 at P 28
(2005)(noting, with respect to settlement provision requiring licensee to designate environmental coordinator, that, while licensee may hire others to perform required measures, burden of compliance rests with licensee). While licensees and other parties are free to enter into cost-sharing side agreements, including such provisions in a license is problematic because the Commission has no ability to enforce them. 23. Similarly, the parties may agree that a third party will undertake a certain task, and perhaps be paid by the licensee to do so. For example, it might be agreed that the licensee will pay a State agency or a tribe to operate a fish hatchery. If the Commission finds that operation of the fish hatchery is required for the comprehensive development of the affected waterway, it will not include in the license a provision requiring the licensee to pay another entity to operate the hatchery, but rather will require the licensee to operate the hatchery and leave to it how to fulfill that obligation. *See Portland General Electric Company* , 114 FERC ¶ 61,137 at P 11, 15 (2006). This is because the Commission has jurisdiction only over its licensee, and thus cannot ensure that a measure will be carried out unless ultimate responsibility for doing so rests with the licensee. 24. Settlement provisions requiring licensees to pay for the salaries of personnel who work for other entities, such as a State wildlife biologist or a law enforcement officer, also raise several issues. First, as noted, the Commission prefers concrete measures with measurable requirements and impacts such as “construct and operate a fish hatchery” to more indefinite ones such as “pay the salary of a State fisheries biologist.” In addition, the Commission has no way of assuring that the hiring of personnel paid for by the licensee will actually accomplish a project purpose or ameliorate a project effect. Again, this is why measures that require specific, direct, on-the-ground actions are preferable to more general ones. It makes most sense for the license to establish what measures a licensee must perform, and for any settlement between the licensee and third parties regarding the performance of those measures to be addressed in off-license agreements. Funds 25. As noted above, in order to include a specific environmental measure in a license, the Commission needs to be able to conclude that the measure relates to project impacts or project purposes. This is why the Commission has expressed a preference for specific measures and that, where possible, such measures be implemented within the project boundary or close to the project and the area that it affects. An increasing number of settlements include funds intended to cover the costs of measures to be undertaken during the course of the license term. The principles enunciated above apply to consideration of such funds. 26. For example, where the record shows that a project has an impact on certain aquatic species or could enhance such species, it may be possible to obtain Commission approval of a fund that is designated for the purpose of enhancing and mitigating impacts on those species within the project vicinity, such as a fund to pay for a set of specified fishery habitat enhancements within the project boundary, provided that the licensee retains sufficient control over the fund that the Commission can ensure compliance with the related license article and ensure satisfaction of the underlying project purposes supporting the fund. As the ties between the proposed fund and record evidence and project effects and purposes become more tenuous, as with a fund to undertake unspecified fishery measures within the basin where the project is located, the propriety of the fund may increasingly come into question. Thus, if the record does not show that the project has an adverse effect on fishery resources or does not demonstrate that effective enhancement measures can be undertaken in the project vicinity, it may be more difficult to justify inclusion of a fishery fund in a license. Similarly, a fund that may be used anywhere in a State or in a broad geographic area may be less likely to be recommended than one more closely tied to the project. To the extent that parties feel measures should be undertaken beyond the project vicinity, they should explain in detail why those measures are related to project purposes, why they cannot be carried out at the project site, and why their proposals would satisfy the comprehensive development standard. Physical Proximity Project Boundaries 27. In the course of Commission action on settlements, issues often arise with respect to project boundaries. Specifically, parties may be concerned about what facilities need to be within project boundaries, and what the impact of such inclusion will be. Therefore, a brief discussion of this issue may be helpful. 28. Part I of the FPA directs the Commission, when issuing a license for a hydroelectric project, to require the licensee to undertake appropriate measures on behalf of both developmental and non-developmental public interest uses of the waterway, including fish, wildlife, and recreation. 4 These requirements, as set forth in a license, constitute the “project purposes.” 4 As discussed earlier, FPA section 10(a)(1) sets forth the standard by which the Commission acts on hydropower license applications, and incorporates by reference those public purposes set forth in FPA section 4(e). 29. The Commission has regulatory authority only over the licensee, and thus can administer and enforce the terms of the license only through the licensee and the licensee's property rights. Standard license Article 5 requires the licensee to acquire and retain all interests in non-Federal lands and other property necessary or appropriate to carry out project purposes. 5 The licensee may obtain these property interests by contract or, if necessary, by means of Federal eminent domain pursuant to FPA section 21. 6 5 Standard Article 5 appears in what are called “L-Forms,” which are published at 54 FPC 1792-1928
(1975)and are incorporated into project licenses by an ordering paragraph. See 18 CFR 2.9 (2006). Article 5 states in pertinent part: “The Licensee, within five years from the date of issuance of the license, shall acquire title in fee or the right to use in perpetuity all lands, other than lands of the United States, necessary or appropriate for the construction, maintenance, and operation of the project. The Licensee or its successors and assigns shall, during the period of the license, retain the possession of all project property covered by the license as issued or as later amended, including the project area, the project works, and all franchises, easements, water rights, and rights of occupancy and use; and none of such properties shall be voluntarily sold, leased, transferred, abandoned, or otherwise disposed of without the prior written approval of the Commission, except that the Licensee may lease or otherwise dispose of interests in project lands or property without specific written approval of the Commission pursuant to the then current regulations of the Commission * * *.” 6 16 U.S.C. 814 (2000). 30. A licensee's property interests can range from fee simple to perpetual or renewable leases, easements, and rights-of-way. Thus, title to lands within the boundary can be owned by someone other than the licensee, so long as the licensee holds the necessary property interests ( *e.g.* , flowage easements) and permits ( *e.g.* , a Forest Service special use permit) to carry out licensed project purposes. The license covers only those property interests held by the licensee; each license with a project boundary states (in an ordering paragraph) that “the project consists [inter alia] of
(1)All lands, to the extent of the licensee's interests in those lands, enclosed by the project boundary shown by [a designated exhibit] * * *.” 31. If the Commission requires additional control in order to accomplish a project purpose, or amends the license to expand or add a project purpose, it can direct its licensee to obtain any necessary additional property rights, whether inside or outside the existing project boundary, and amend the boundary as appropriate. *See, e.g., Upper Peninsula Power Company,* 104 FERC ¶ 62,135 at P 72
(2003)(finding that, notwithstanding settlement provision that licensee's obligation to develop buffer zone and wildlife and land management plan applied only to license-owned lands within project boundary, obligation in fact extended to all lands within boundary). Conversely, if the Commission determines that less land is needed to meet project purposes, or if it redefines project purposes, it can remove land from the boundary. If the Commission deletes a parcel of land from the project and its boundary, the Commission is placing that land outside of its jurisdiction and regulatory reach. *See, e.g., Pacific Gas & Electric Company,* 102 FERC ¶ 61,309 at P 21; 56-61
(2003)(rejecting portion of land management plan agreement that would have removed from project boundaries lands needed for project purposes). *Compare Wisconsin Public Service Corporation,* 104 FERC ¶ 61,295 at P 29-38
(2003)(approving in part application to amend project boundaries). 32. Project boundaries are used to designate the geographic extent of the lands, waters, works, and facilities that the license identifies as comprising the licensed project and for which the licensee must hold the rights necessary to carry out project purposes. The establishment of a project boundary makes it easier for the Commission, the licensee, and other interested parties to understand the geographic scope of a project. All facilities, lands, and waters needed to carry out project purposes should be within the project boundary. A project boundary does not change property rights, nor does the conveyance of a property right change a project boundary. 33. To an extent, the Commission has allowed an exception for lands and waters on which a licensee is to carry out one-time measures. For example, if a licensee is required once to place material in a stream in order to create fish habitat, but is not required to undertake other measures in that area during the license term, the Commission may not include that reach within the project boundary. If, however, the licensee is obligated to undertake measures throughout the license term, such as implementing an ongoing habitat restoration plan, the Commission may require that the affected lands be included in the project boundary. S *ee, e.g., PacifiCorp,* 105 FERC ¶ 61,237 at P 114
(2003)(noting that licensee would have to amend project boundary to include lands previously outside of project boundaries, on which activities required by license). 34. Thus, if settling parties have a desire to include or exclude certain lands, waters, or facilities within project boundaries, they should examine carefully the licensee's obligations and how the lands or facilities in question relate to project purposes. If lands or facilities are to be included within the project boundary, there must be a showing of how they are needed for project purposes; if they are to be excluded there must be a showing of why they are not needed for those purposes, or that the measures affecting project lands or facilities are one-time measures that will not require Commission oversight throughout the life of the license. Roads 35. One specific instance in which project boundary issues arise is roads. Some settlements require licensees to pay for the upkeep of roads leading to the project or to specific project works, such as recreation areas. Several issues can arise with respect to such measures. First, in order to decide whether a license should include a requirement that road activities be funded, the Commission must determine that the road is necessary for project purposes, as with a road that is needed in order to reach the powerhouse or a road that is the only way to reach a project recreation site. If the road merely passes near the project and is used only incidentally for project purposes, it may not be appropriate to require the licensee to maintain it. The Commission must also be able to determine what part of the road is needed for project purposes. Thus, it will be appropriate to develop license conditions covering only the relevant portion of a long road that at some point provides necessary access to a project, rather than the entire road. 36. Finally, if a road is deemed necessary for project purposes such that the licensee is required to undertake ongoing activities with respect to the road throughout the license term, the Commission may require that the road be included within the project boundary, so that the Commission can exercise its compliance jurisdiction to ensure that the required activities take place. As indicated above, inclusion of a road or a portion of a road within a project does not mean that the licensee must obtain fee title to the road, only that it must obtain sufficient rights, such as an easement, a lease, or a right-of- way, to ensure that it can implement the required measures. There are instances in which road owners, such as towns, counties, or the U.S. Forest Service, have been reluctant to have roads included within project boundaries. Parties should consider this issue carefully when deciding to what extent they want the Commission to impose ongoing obligations on licensees with respect to roads. Reserve Commission Authority Commission Approval 37. As the agency charged with the administration of hydropower licenses, the Commission must approve licensees' post-licensing plans. That authority cannot be ceded to other entities. Thus, settlement conditions that provide that the licensee must file specified plans after obtaining the approval of other parties, such as resource agencies, tribes, or non-governmental organizations, are acceptable if they provide that the plans will be filed with the Commission for its approval, and that the Commission will have the right to revise the plans as it deems necessary. Provisions that envision plans (or operational changes outside of the parameters approved in the license) being approved by other entities but not the Commission are not acceptable. In *Virginia Electric Power Company,* the Commission stated that: * * * we are pleased that the settling parties were able to develop means for carrying out the goals of the settlement in a manner consistent with the Commission's responsibilities under the Federal Power Act. For example, Article 411, which calls for a bypassed reach flow release plan, requires the licensee to develop the plan in consultation with State and Federal resource agencies, and then to file the plan for Commission approval, with the explicit understanding that the Commission may require changes in the plan. 110 FERC ¶ 61,241 at P 35. 38. Where, on the other hand, the parties establish a mechanism that purports to give the licensee and other parties the ability to alter license terms or obligations without first obtaining the Commission's approval, the Commission has revised proposed license articles to include its approval authority. *See New York Power Authority,* 105 FERC ¶ 61,102 at P 65
(2003)(modifying proposed license articles to require Commission approval of fishway plans). Adaptive Management 39. Settlement provisions often contemplate that adjustments to measures required during the license term will be based on information gleaned from ongoing monitoring or other post-license studies. This is sometimes called adaptive management. Settling parties may agree, for example, that a committee will meet and decide on an annual level of spring flows for fishery purposes. To the extent that the proposed flows are within parameters considered in the licensing proceeding and determined to be appropriate, this does not pose a problem. A license might provide that a licensee be required to release increased flows of between 100 and 200 cfs for a period, to be determined on an annual basis, between March 15 and June 15. It would be appropriate for the committee to decide each year what flows within these parameters should be released, with notification to the Commission. However, it would not be appropriate to give the committee authority to require flows beyond the limits set forth in the license, because the Commission would not have had a prior opportunity to determine whether those flows were in the public interest. In order for this to occur, the licensee would have to file an amendment application with the Commission, seeking authority to alter the terms of the license. For the same reason, it would not be appropriate to propose that the license not contain flow parameters at all, and simply leave flow decisions up to an adaptive management group. As the Commission explained in *Virginia Electric Power Company:* We receive many settlements in which parties agree to adaptive management measures, calling for future studies and possible changes in project operations based on experience. For the Commission to exercise its oversight authority, it is necessary that license conditions embodying these measures provide for Commission review and, where required, modification of proposed actions that go beyond the limits imposed by the license. 110 FERC ¶ 61,241 at P 23. *See also PacificCorp,* 103 FERC ¶ 62,183 at P 35
(2003)(“The Agreement provides for possible modifications to project structures and operations during the license term. For example, the proposed articles contain provisions to alter whitewater flow releases in the event that monitoring attributes to these releases deleterious impacts to biological resources. While such adaptive management provisions are not uncommon in licenses issued in recent years, the proposed articles would put project modifications under the direction of [a committee]. It is, however, the Commission's role and responsibility to give prior approval, through appropriate license amendments, for all material amendments to the project and the license”). Other Issues 40. In addition to the matters discussed above, there have been a number of other instances over the last few years in which proposed provisions that do not fit precisely into the more general categories discussed above were not included in licenses. These provisions are briefly summarized below, in order to provide additional guidance:
(1)Provisions that would require amending the license for another project. Section 6 of the FPA precludes the Commission from altering a license without the licensee's consent. *See Pacific Gas & Electric Company,* 97 FERC ¶ 61,084 (2001); *Arizona Public Service Company,* 109 FERC ¶ 62,241 (2004); *FPL Energy Maine Hydro, LLC,* 106 FERC ¶ 62,021 (2004).
(2)Financial restrictions with respect to future surrender of a project. *See Northern States Power Company,* 111 FERC ¶ 62,212 at P 33
(2005)(Commission has previously declined to impose generic project retirement plans and licensee is anticipated to have sufficient financial resources to satisfy any conditions on surrender); *Northern States Power Company,* 111 FERC ¶ 62,123 at P 34
(2005)(same).
(3)A provision purporting to restrict parties' statutory right to seek rehearing. *FPL Energy Maine Hydro, LLC,* 106 FERC ¶ 62,021 at P 23 (2004).
(4)A proposed license condition stating that the Commission would not object to “reasonable” fees charged by licensees and operators of recreational facilities within the project boundaries. *See FPL Energy Maine Hydro, LLC,* 106 FERC ¶ 62,021 at P 24
(2004)(Commission generally does not review reasonableness of such fees).
(5)Provision tying future actions to the date that the licensee accepts the license, contrary to general Commission practice of using the more certain date of license issuance. *See Virginia Electric Power Company,* 106 FERC ¶ 62,245 at P 46 (2004).
(6)Settlement provision requiring that requesting party pay licensee for whitewater releases above those set forth in settlement not accepted, because licensee must bear cost of any releases required by Commission. *See Alcoa Power Generating, Inc.,* 110 FERC ¶ 61,056 at P 23, n.14 (2005). Comment Procedures 41. We invite interested persons to submit written comments on the Commission's policy with regard to settlements in hydropower licensing proceedings. Comments are due 45 days from the date of publication of the policy statement in the **Federal Register.** Comments must refer to Docket No. PL06-5-000, and must include the commenter's name, the organization they represent, if applicable, and their address in their comments. Comments may be filed either in electronic or paper format. 42. Comments may be filed electronically via the eFiling link on the Commission's Web site at *http://www.ferc.gov.* The Commission accepts most standard word processing formats and requests commenters to submit comments in a text-searchable format rather than a scanned image format. Commenters filing electronically do not need to make a paper filing. Commenters that are not able to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street, NE., Washington, DC 20426. 43. All comments will be placed in the Commission's public files and may be viewed, printed, or downloaded remotely as described below. Commenters on this policy statement are not required to serve copies of their comments on other commenters. 44. In addition to publishing the full text of this document in the **Federal Register,** the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through FERC's Home Page ( *http://www.ferc.gov* ) and in FERC Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. By the Commission. Magalie R. Salas, Secretary. [FR Doc. E6-15800 Filed 9-26-06; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-ORD-2006-0798; FRL-8223-8] Human Studies Review Board; Notice of Public Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The U.S. Environmental Protection Agency's (EPA or Agency) Office of the Science Advisor
(OSA)announces a public meeting of the Human Studies Review Board
(HSRB)to advise the Agency on EPA's scientific and ethical reviews of human subjects research. DATES: The public meeting will be held October 18-19, 2006, from 8:30 a.m. to approximately 5 p.m., eastern time on October 18, 2006, and 8:30 to approximately 2 eastern time on October 19, 2006. *Location:* One Potomac Yard, 2777 Crystal Drive, Arlington, VA 22202. *Meeting Access:* Seating at the meeting will be on a first-come basis. Individuals requiring special accommodations at this meeting, including wheelchair access and assistance for the hearing impaired, should contact the Designated Federal Officer
(DFO)at least 10 business days prior to the meeting using the information under FOR FURTHER INFORMATION CONTACT so that appropriate arrangements can be made. *Procedures For Providing Public Input:* Interested members of the public may submit relevant written or oral comments for the HSRB to consider during the advisory process. Additional information concerning submission of relevant written or oral comments is provided in Unit I.D. of this notice. FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes further information should contact Maria Szilagyi, Designated Federal Officer (DFO), EPA, Office of the Science Advisor, (8105R), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202)564-6809; fax:
(202)564 2070; e-mail addresses: *szilagyi.maria@epa.gov.* General information concerning the EPA HSRB can be found on the EPA Web site at *http://www.epa.gov/osa/hsrb/.* ADDRESSES: Submit your written comments, identified by Docket ID No. EPA-HQ-ORD-2006-0798, by one of the following methods: *Internet:* *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. *E-mail:* *ORD.Docket@epa.gov.* *Mail:* ORD Docket, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. *Hand Delivery:* EPA Docket Center (EPA/DC), Public Reading Room, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460, Attention Docket ID No. EPA-ORD-2006-0798. Deliveries are only accepted from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2006-0798. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA, without going through *http://www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. SUPPLEMENTARY INFORMATION: I. Public Meeting A. Does This Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to persons who conduct or assess human studies on substances regulated by EPA or to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of This Document and Other Related Information? In addition to using regulations.gov, you may access this **Federal Register** document electronically through the EPA Internet under the **Federal Register** listings at *http://www.epa.gov/fedrgstr/.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the ORD Docket, EPA/DC, Public Reading Room, Infoterra Room (Room Number 3334), 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the ORD Docket is
(202)566-1752. EPA's position paper(s), charge/questions to the HSRB, and the meeting agenda are now available. In addition, the Agency may provide additional background documents as the materials become available. You may obtain electronic copies of these documents, and certain other related documents that might be available electronically, from the regulations.gov Web site and the HSRB Internet Home Page at *http://www.epa.gov/osa/hsrb/.* For questions on document availability or if you do not have access to the Internet, consult the person listed under FOR FURTHER INFORMATION CONTACT . C. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: a. Explain your views as clearly as possible. b. Describe any assumptions that you used. c. Provide copies of any technical information and/or data you used that support your views. d. Provide specific examples to illustrate your concerns. e. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. D. How May I Participate in This Meeting? You may participate in this meeting by following the instructions in this section. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA-HQ-ORD-2006-0798 in the subject line on the first page of your request. a. *Oral comments.* Requests to present oral comments will be accepted up to October 10, 2006. To the extent that time permits, interested persons who have not pre-registered may be permitted by the Chair of the HSRB to present oral comments at the meeting. Each individual or group wishing to make brief oral comments to the HSRB is strongly advised to submit their request (preferably via e-mail) to the DFO listed under FOR FURTHER INFORMATION CONTACT no later than noon, eastern time, October 10, 2006, in order to be included on the meeting agenda and to provide sufficient time for the HSRB Chair and HSRB DFO to review the agenda to provide an appropriate public comment period. The request should identify the name of the individual making the presentation, the organization (if any) the individual will represent, and any requirements for audiovisual equipment (e.g., overhead projector, LCD projector, chalkboard). Oral comments before the HSRB are limited to 5 minutes per individual or organization. Please note that this limit applies to the cumulative time used by all individuals appearing either as part of, or on behalf of an organization. While it is our intent to hear a full range of oral comments on the science and ethics issues under discussion, it is not our intent to permit organizations to expand these time limitations by having numerous individuals sign up separately to speak on their behalf. If additional time is available, there may be flexibility in time for public comments. Each speaker should bring 25 copies of his or her comments and presentation slides for distribution to the HSRB at the meeting. b. *Written comments.* Although you may submit written comments at any time, for the HSRB to have the best opportunity to review and consider your comments as it deliberates on its report, you should submit your comments at least 5 business days prior to the beginning of the meeting. If you submit comments after this date, those comments will be provided to the Board members, but you should recognize that the Board members may not have adequate time to consider those comments prior to making a decision. Thus, if you plan to submit written comments, the Agency strongly encourages you to submit such comments no later than noon, eastern time, October 10, 2006. You should submit your comments using the instructions in Unit I.C. of this notice. In addition, the Agency also requests that person(s) submitting comments directly to the docket also provide a copy of their comments to the DFO listed under FOR FURTHER INFORMATION CONTACT . There is no limit on the length of written comments for consideration by the HSRB. E. Background EPA will be presenting for HSRB review the results of a completed human toxicity study, evaluating the allergic contact dermatitis response in individuals with known sensitivity to hexavalent chromium to repeated exposure to a wood treatment solution containing hexavalent chromium. In addition, the Board will be asked to review two revised research protocols to evaluate the efficacy of new formulations of the repellent, IR3535, against ticks and mosquitoes and to advise on a draft guidance document explaining to the public how to submit proposed and completed human research to EPA for review by the HSRB. Finally, at the Board's request, EPA will present the statutory and regulatory procedures that EPA and its federal advisory committees are required to follow when handling materials claimed to be confidential business information
(CBI)under FIFRA or other laws. The HSRB intends to discuss how it would like to operate in the event that EPA requests the Board to review materials containing CBI. Dated: September 22, 2006. George Gray, Science Advisor. [FR Doc. E6-15832 Filed 9-26-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8223-6] Proposed CERCLA Administrative Agreement for Recovery of Response Costs; Denova Superfund Site AGENCY: Environmental Protection Agency. ACTION: Notice; request for public comment. SUMMARY: In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act (“CERCLA”), 42 U.S.C. 9622(i), notice is hereby given of a proposed Agreement for Recovery of Response Costs (“Agreement,” Region 9 Docket No. 9-2006-0010) pursuant to section 122(h) of CERCLA concerning the Denova Superfund Site, (the “Site”), located in Rialto, California. The settling parties to the Agreement are Environmental Enterprises Inc., and Daniel J. McCabe. The Agreement compensates EPA for past response costs related to the removal action taken at the Site. The Agreement provides for a total recovery of $75,000.00. The Agreement also provides the settling parties with contribution protection under CERCLA 113(f)(2) for response cost paid under the Agreement. For thirty
(30)days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed Agreement. The Agency's response to any comments will be available for public inspection at the Agency's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105. DATES: Comments must be submitted on or before October 27, 2006. ADDRESSES: The proposed Agreement may be obtained from Judith Winchell, Docket Clerk, telephone
(415)972-3124. Comments regarding the proposed Agreement should be addressed to Judith Winchell (SFD-7) at United States EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105, and should reference the Denova Superfund Site, Rialto, California, and USEPA Docket No. 9-2006-0010. FOR FURTHER INFORMATION CONTACT: Michele Benson, Office of Regional Counsel, telephone
(415)972-3918, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105. Dated: August 10, 2006. Keith A. Takata, Director, Superfund Division. [FR Doc. E6-15904 Filed 9-26-06; 8:45 am] BILLING CODE 6560-50-P OFFICE OF SCIENCE AND TECHNOLOGY POLICY Draft National Assessment of Efforts To Predict and Respond to Harmful Algal Blooms in U.S. Waters ACTION: Notice of draft report release and request for public comment. SUMMARY: The Office of Science and Technology Policy
(OSTP)publishes this notice to announce the availability of the Draft *National Assessment of Efforts to Predict and Respond to Harmful Algal Blooms in U.S. Waters* which was mandated by Congress in the *Harmful Algal Bloom and Hypoxia Amendments Act* of 2004 (Pub. L. 108-456). This report reviews and evaluates short term harmful algal bloom
(HAB)prediction techniques, and identifies current prevention, control and mitigation
(PCM)programs and research for freshwater, estuarine and marine HABs operating at the national, State, local and tribal level. DATES: Comments on this draft document must be submitted by 11/20/2006. ADDRESSES: *The Draft National Assessment of Efforts to Predict and Respond to Harmful Algal Blooms in U.S. Waters* will be available at the following location ( *http://ocean.ceq.gov/about/sup_jsost_iwgs.html* ). The public is encouraged to submit comments on the draft report electronically to *Prediction.Response.Comments@noaa.gov.* For those who do not have access to a computer, comments on the document may be submitted in writing to: Quay Dortch, NOS/NCCOS/CSCOR/COP, N/SCI2, NOAA, 1305 East West Highway, Building IV Rm 8220, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Quay Dortch by phone 301-713-3338 x157. SUPPLEMENTARY INFORMATION: OSTP is publishing this draft report as mandated by the Harmful Algal Blooms and Hypoxia Amendments Act 2004 (Pub. L. 108-456) to request public comments. The report is organized into five sections plus five appendices:
(1)Executive Summary,
(2)Legislative Background and Purpose of the Report,
(3)Assessment of the Harmful Algal Bloom
(HAB)Problem in U.S. Waters,
(4)Prediction and Response Programs in the U.S. and
(5)Opportunities for Advancement in Prediction and Response Efforts. Appendices include: Appendix I: Prediction and Response Programs in the U.S., Appendix II: Other National Programs, Appendix III: State, local, and tribal Prediction and Response Efforts, Appendix IV: International Programs related to HAB prediction and response, and Appendix V: **Federal Register** notice. Report Summary The *Harmful Algal Bloom and Hypoxia Amendments Act of 2004* (Pub. L. 108-456) (HABHRCA 2004) reauthorized the original *Harmful Algal Bloom and Hypoxia Research and Control Act* (Pub. L. 105-383) of 1998 and stipulated generation of five reports to assess and recommend research programs on harmful algal blooms
(HABs)and hypoxia in U.S. waters. Section 103 of HABHRCA 2004 requires a *Prediction and Response Report.* This report will review and evaluate HAB prediction and response techniques and identify current prevention, control and mitigation
(PCM)programs for freshwater, estuarine and marine HABs. Prediction and response are narrowly defined for the purpose of this report in order to avoid overlap with a subsequent report in this series, *Scientific Assessment of Marine Harmful Algal Blooms.* The Interagency Working Group on Harmful Algal Blooms, Hypoxia, and Human Health (IWG-4H) of the Joint Subcommittee on Ocean Science and Technology (JSOST), which was tasked with implementing HABHRCA 2004, streamlined the reporting process by linking the P&R report (Section 103) with the *National Scientific Research, Development, Demonstration, and Technology Transfer Plan on Reducing Impacts from Harmful Algal Blooms* (Section 104 *RDDTT Plan* ). The P&R report will
(1)detail Federal, State, and tribal prediction and response related research and impact assessments,
(2)identify opportunities for improvement of prediction and response efforts and associated infrastructure, and
(3)propose a process to evaluate current prediction and response programs in order to develop a coordinated research priorities plan (RDDTT Plan). The final step
(3)will lead to the development of the second report (RDDTT Plan) stipulated by the HABHRCA legislation (Section 104). The P&R report and the RDDTT Plan together comprise a comprehensive evaluation and multi-stakeholder plan to improve the national and local response to HABs in U.S. waters. It is widely believed that the frequency and geographic distribution of HABs have been increasing worldwide. All U.S. coastal States have experienced HABs over the last decade. HAB frequency is also thought to be increasing in freshwater systems including ponds and lakes. In response, Federal, State, local, and tribal governments in collaboration with academic institutions have developed a variety of programs over the past 10 years both to understand HAB ecology and to minimize, prevent, or control HABs and HAB impacts in U.S. waters. As a result of the efforts initiated in 1993, there are now 16 Federal extramural funding programs which either specifically or generally target HAB prediction and response and 20 intramural Federal research programs which are generating exciting new technologies for HAB monitoring and control. There are 2 major Federal multi-agency funding programs which represent important cross agency collaborative efforts. At least 25 States conduct HAB response efforts, operating through a wide range of State government departments and non profits. Tribes in some States are collaborating with academic, Federal, and State governments to monitor the presence of HABs. Given the global scope of HABs, U.S. programs also work closely with international programs and in some cases contribute funding. The P&R report describes the remarkable progress made in some areas by Federal prediction and response programs. The greatest effort and progress has been made in mitigation, including improved monitoring and prediction capabilities, the establishment of event response programs, the conduct of economic impact assessments, and establishment of public health measures. Studies leading to prevention and control have led to new approaches. Infrastructure is being developed, cooperation and coordination has improved and incentive based programs have been used to address HAB problems. Despite progress made, opportunities for advancing response to HABs still exist at the Federal and State level. The P&R report outlines opportunities for advancement identified by Federal agencies for HAB prediction and response and by the HAB community in the report, Harmful Algal Research and Response: A National Environmental Science Strategy (HARRNESS) 2005-2015. (Ramsdell, J.S., Anderson, D.M., and Glibert, P.M. (eds.) Ecological Society of America, Washington, DC, 96pp, 2005). This FRN requests public comment on the state of prediction and response programs in the U.S. and suggestions for how to improve that response. Comments Request The Office of Science and Technology Policy
(OSTP)welcomes all comments on the content of the Draft report. OSTP is specifically interested in feedback on
(1)The current state of efforts (including infrastructure) in Prediction and Response to prevent, control, or mitigate Harmful Algal Blooms;
(2)suggestions for specific improvements in those efforts. Please adhere to the instructions detailed below for preparing and submitting your comments on the Draft *National Assessment of Efforts to Predict and Respond to Harmful Algal Blooms in U.S. Waters* . Using the format guidance described below will facilitate the processing of reviewer comments and assure that all comments are appropriately considered. Please format your comments into the following sections:
(1)Background information for yourself including name, title, organizational affiliation and email or telephone (optional),
(2)overview or general comments,
(3)specific comments with reference to pages or line numbers where possible, and
(4)specific comments about the current state of efforts in prevention, control and mitigation of HABs (PCM), including infrastructure. Please number and print identifying information at the top of all pages. Public comments may be submitted from September 27, 2006 to November 20, 2006. M. David Hodge, Operations Manager. [FR Doc. E6-15837 Filed 9-26-06; 8:45 am] BILLING CODE 3170-W6-P EXPORT-IMPORT BANK OF THE UNITED STATES Notice of Open Special Meeting of the Sub-Saharan Africa Advisory Committee
(SAAC)of the Export-Import Bank of the United States (Export-Import Bank) SUMMARY: The Sub-Saharan Africa Advisory Committee was established by Public Law 105-121, November 26, 1997, to advise the Board of Directors on the development and implementation of policies and programs designed to support the expansion of the Bank's financial commitments in Sub-Saharan Africa under the loan, guarantee and insurance programs of the Bank. Further, the committee shall make recommendations on how the Bank can facilitate greater support by U.S. commerical banks for trade with Sub-Saharan Africa. *Time and Place:* October 11, 2006 at 10:30 a.m. to 12:30 p.m. The meting will be held at the Export-Import Bank in Room 1143, 811 Vermont Avenue, NW., Washington, DC 20571. *Agenda:* The meeting will include updates on Africa outreach with African Regional Financial Entities, Report on the “Working with African Lenders” seminar and the AGOA Forum, SAAC 2006 recommendations and International Business Development plans for Africa. *Public Participation:* The meeting will be open to public participation and the last 10 minutes will be set aside for oral questions or comments. Members of the public may also file written statement(s) before or after the meeting. If any person wishes auxiliary aids (such as a sign language interpreter) or other special accommodations, please contact, prior to October 11, 2006. Barbara Ransom, Room 1241, 811 Vermont Avenue, NW., Washington, DC 20571, Voice:
(202)565-3525 or TDD
(202)565-3377. FOR FURTHER INFORMATION CONTACT: For further information, contact Barbara Ransom, Room 707, 811 Vermont Avenue, NW., Washington, DC 20571,
(202)565-3525. Kamil Cook, Deputy General Counsel. [FR Doc. 06-8289 Filed 9-26-06; 8:45 am]
Connectionstraces to 23
Traces to 23 documents
U.S. Code
statutes-at-large
register
CFR
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Intervention (Rule 214).§ 385.214
- Application for confirmation and approval.§ 300.10
- Interim acceptance and review of Bonneville Power Administration rates.§ 300.20
- Protests, interventions, and comments.§ 154.210
- Interventions and protests.§ 157.10
- Filings and Other Submissions.§ 385.2001
- Competing applications: deadlines for filing; notices of intent; comparisons of plans of development.§ 4.36
- Applicability and definitions.§ 4.30
- Method of notice; dates established in notice (Rule 210).§ 385.210
- Submission of settlement offers (Rule 602).§ 385.602
- Conditions in preliminary permits and licenses---list of and citations to "P---" and "L---" forms.§ 2.9
7 references not yet in our index
- Pub. L. 92-463
- 18 CFR 300
- 903 F.2d 585
- 213 F.3d 742
- Pub. L. 108-456
- Pub. L. 105-383
- Pub. L. 105-121
Citation graph
cites case law
Notices
Notice of proposed subsequent arrangement
F. App'x903 F.2d 585
F. App'x213 F.3d 742
Pub. L.Pub. L. 92-463
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