67344 Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Notices 

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.

Linda Mitry, 

Deputy Secretary.

[FR Doc. E4–3192 Filed 11–16–04; 8:45 am] 

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

Sunshine Act Notice 

November 10, 2004. 

The following notice of meeting is 

published pursuant to section 3(a) of the 

government in the Sunshine Act (Pub. 

L. 94–409), 5 U.S.C 552b:

AGENCY HOLDING MEETING: Federal 

Energy Regulatory Commission.

DATE AND TIME: November 18, 2004, 10 

a.m.

PLACE: Room 2C, 888 First Street, NE., 

Washington DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda.

*Note—Items listed on the agenda may be 

deleted without further notice.

CONTACT PERSON FOR MORE INFORMATION:

Magalie R. Salas, Secretary, Telephone 

(202) 502–8400. For a recorded listing of 

items stricken from or added to the 

meeting, call (202) 502–8627. 

This is a list of matters to be 

considered by the Commission. It does 

not include a listing of all papers 

relevant to the items on the agenda; 

however, all public documents may be 

examined in the Public Reference Room.

874th—Meeting Regular Meeting 

November 18, 2004 10 a.m.

Administrative Agenda 

A–1. 

AD02–1–000, Agency Administrative 

Matters 

A–2. 

AD02–7–000, Customer Matters, 

Reliability, Security and Market 

Operations 

A–3. 

2004–2005, Winter Energy Market 

Assessment 

Markets, Tariffs, and Rates—Electric 

E–1. 

OMITTED 

E–2. 

OMITTED 

E–3. 

ER04–1252–000, Midwest Independent 

Transmission System, Inc. and Ameren 

Services Company 

E–4. 

ER05–6–000, Midwest Independent 

Transmission System Operator, Inc. 

EL02–111–010, Midwest Independent 

Transmission System Operator, Inc., and 

PJM Interconnection, LLC, et al.

EL02–111–011, Midwest Independent 

Transmission System Operator, Inc., and 

PJM Interconnection, LLC, et al.

EL02–111–014, Midwest Independent 

Transmission System Operator, Inc., and 

PJM Interconnection, LLC, et al.

EL02–111–015, Midwest Independent 

Transmission System Operator, Inc., and 

PJM Interconnection, LLC, et al.

EL02–111–016, Midwest Independent 

Transmission System Operator, Inc., and 

PJM Interconnection, LLC, et al.

EL02–111–019, Midwest Independent 

Transmission System Operator, Inc., and 

PJM Interconnection, LLC, et al.

EL04–135–000, Midwest Independent 

Transmission System Operator, Inc., and 

PJM Interconnection, LLC, et al.

EL03–212–005, Ameren Services 

Company, et al.

EL03–212–006, Ameren Services 

Company, et al.

EL03–212–007, Ameren Services 

Company, et al.

EL03–212–009, Ameren Services 

Company, et al.

EL03–212–011, Ameren Services 

Company, et al.

EL03–212–013, Ameren Services 

Company, et al.

EL03–212–014, Ameren Services 

Company, et al.

EL03–212–016, Ameren Services 

Company, et al.

E–5. 

ER03–262–016, New PJM Companies 

American Electric Power Service Corp. 

On behalf of its operating companies 

Appalachian Power Company, Columbus 

Southern Power Company, Indiana 

Michigan Power Company, Kentucky 

Power Company, Kingsport Power 

Company, Ohio Power Company, and 

Wheeling Power Company 

Commonwealth Edison Company, and 

Commonwealth Edison Company of 

Indiana, Inc. 

The Dayton Power and Light Company, 

and PJM Interconnection, LLC 

ER03–262–010, New PJM Companies 

American Electric Power Service Corp. 

On behalf of its operating companies 

Appalachian Power Company, Columbus 

Southern Power Company, Indiana 

Michigan Power Company, Kentucky 

Power Company, Kingsport Power 

Company, Ohio Power Company, and 

Wheeling Power Company 

Commonwealth Edison Company, and 

Commonwealth Edison Company of 

Indiana, Inc. 

The Dayton Power and Light Company, 

and PJM Interconnection, LLC 

ER03–262–016, New PJM Companies 

American Electric Power Service Corp. 

On behalf of its operating companies 

Appalachian Power Company, Columbus 

Southern Power Company, Indiana 

Michigan Power Company, Kentucky 

Power Company, Kingsport Power 

Company, Ohio Power Company, and 

Wheeling Power Company 

Commonwealth Edison Company, and 

Commonwealth Edison Company of 

Indiana, Inc. 

The Dayton Power and Light Company, 

and PJM Interconnection, LLC 

EC98–40–010, New PJM Companies 

American Electric Power Service Corp. 

On behalf of its operating companies 

Appalachian Power Company, Columbus 

Southern Power Company, Indiana 

Michigan Power Company, Kentucky 

Power Company, Kingsport Power 

Company, Ohio Power Company, and 

Wheeling Power Company 

Commonwealth Edison Company, and 

Commonwealth Edison Company of 

Indiana, Inc. 

The Dayton Power and Light Company, 

and PJM Interconnection, LLC 

ER98–2770–011, New PJM Companies 

American Electric Power Service Corp. 

On behalf of its operating companies 

Appalachian Power Company, Columbus 

Southern Power Company, Indiana 

Michigan Power Company, Kentucky 

Power Company, Kingsport Power 

Company, Ohio Power Company, and 

Wheeling Power Company 

Commonwealth Edison Company, and 

Commonwealth Edison Company of 

Indiana, Inc. 

The Dayton Power and Light Company, 

and PJM Interconnection, LLC

ER98–2786–011, New PJM Companies 

American Electric Power Service Corp. 

On behalf of its operating companies 

Appalachian Power Company, Columbus 

Southern Power Company, Indiana 

Michigan Power Company, Kentucky 

Power Company, Kingsport Power 

Company, Ohio Power Company, and 

Wheeling Power Company 

Commonwealth Edison Company, and 

Commonwealth Edison Company of 

Indiana, Inc. 

The Dayton Power and Light Company, 

and PJM Interconnection, LLC 

E–6. 

OMITTED 

E–7. 

OMITTED 

E–8. 

OMITTED 

E–9. 

OMITTED 

E–10. 

ER04–1254–000, Illinois Power Company 

ER04–1239–000, Midwest Independent 

Transmission System Operator, Inc. 

E–11. 

ER04–1244–000, NorthPoint Energy 

Solutions Inc. 

E–12. 

ER05–12–000, PJM Interconnection L.L.C. 

E–13. 

OMITTED 

E–14.

Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Notices 67345

ER05–26–000, Mirant Kendall, LLC and 

Mirant Americas Energy Marketing, L.P. 

E–15. 

OMITTED 

E–16. 

ER05–41–000, Oasis Power Partners, LLC 

E–17. 

EL04–128–000, Sulphur Springs Valley 

Electric Cooperative, Inc. 

E–18. 

ER98–3760–000, California Independent 

System Operator Corporation 

E–19. 

ER01–751–006, Mountain View Power 

Partners, LLC 

ER01–751–001, Mountain View Power 

Partners, LLC 

E–20. 

OMITTED 

E–21. 

ER01–1559–002, PPL Wallingford Energy 

LLC 

ER01–1559–003, PPL Wallingford Energy 

LLC 

E–22. 

OMITTED 

E–23. 

ER04–510–002, Central Vermont Public 

Service Corporation 

ER04–510–003, Central Vermont Public 

Service Corporation 

EL04–88–001, Central Vermont Public 

Service Corporation 

EL04–88–002, Central Vermont Public 

Service Corporation 

E–24. 

OMITTED 

E–25. 

QF92–156–006, Pasco Cogen, Ltd. 

EL04–140–000, Pasco Cogen, Ltd. 

E–26. 

EL04–90–000, Nevada Power Company 

E–27. 

EL04–120–000, Exelon Corporation 

E–28. 

OMITTED 

E–29. 

EL04–136–000, MGE Energy, Inc., MGE 

Power LLC, and MGE Power Elm Road 

LLC 

E–30. 

OMITTED 

E–31. 

EL04–137–000, Cabazon Wind Partners, 

LLC v. Southern California Edison 

Company 

E–32. 

EL04–126–000, PSEG Power In-City I, LLC 

v. Consolidated Edison Company of New 

York, Inc. 

E–33. 

EL04–139–000, California Electricity 

Oversight Board v. California 

Independent System Operator 

Corporation

E–34. 

EL04–130–000, Duke Energy Moss 

Landing, LLC v. California Independent 

System Operator Corporation 

E–35. 

EL04–122–000, PPL University Park, LLC 

v. Commonwealth Edison Company 

E–36. 

EL03–27–000, Niagara Mohawk Power 

Corporation v. Huntley Power LLC, NRG 

Huntley Operations, Inc., Dunkirk Power 

LLC, NRG Dunkirk Operations, Inc., 

Oswego Harbor Power LLC, and NRG 

Oswego Operations, Inc. 

E–37. 

EL04–100–000, Colorado River 

Commission of Nevada v. Nevada Power 

Company 

E–38. 

EL04–134–000, East Texas Electric 

Cooperative, Inc. v. Entergy Arkansas, 

Inc. 

E–39. 

OMITTED 

E–40. 

PL05–3–000, Order on Electric 

Creditworthiness 

E–41. 

OMITTED 

E–42. 

OMITTED 

E–43. 

ER04–132–000, Wolverine Power Supply 

Cooperative, Inc. 

EL04–38–000, Wolverine Power Supply 

Cooperative, Inc. 

E–44. 

ER03–606–000, Wisconsin Public Service 

Corp 

E–45. 

ER04–375–010, PJM Interconnection LLC 

ER04–521–006, Midwest Independent 

Transmission System Operator 

ER04–718–005, PJM Interconnection LLC 

and Commonwealth Edison Company 

ER04–364–002, Commonwealth Edison 

Company, Commonwealth Edison 

Company of Indiana, Inc., and American 

Electric Power Service Corporation 

E–46. 

ER04–446–002, Midwest Independent 

Transmission System Operator, Inc. 

E–47. 

ER04–14–000, Detroit Edison Company 

EL04–29–000, Detroit Edison Company 

E–48. 

ER04–215–000, Pacific Gas and Electric 

Company 

E–49. 

OMITTED 

E–50. 

ER03–405–001, PJM Interconnection L.L.C. 

ER03–405–002, PJM Interconnection L.L.C. 

ER03–405–003, PJM Interconnection L.L.C. 

E–51. 

EL03–216–001, Northeast Utilities Service 

Company and Select Energy, Inc., v. ISO 

New England Inc., and New England 

Power Pool 

E–52. 

ER04–375–007, Midwest Independent 

Transmission System Operator, Inc., and 

PJM Interconnection L.L.C. 

E–53. 

NJ04–3–001, South Carolina Public Service 

Authority 

E–54. 

ER04–35–001, Entergy Services, Inc 

ER04–35–002, Entergy Services, Inc 

E–55. 

ER03–194–003, PJM Interconnection L.L.C. 

ER03–309–003, Allegheny Power 

ER03–194–004, PJM Interconnection L.L.C. 

ER03–194–005, PJM Interconnection L.L.C. 

ER03–309–007, Allegheny Power 

E–56. 

OMITTED 

E–57. 

EL00–95–100, San Diego Gas & Electric 

Company v. Sellers of Energy and 

Ancillary Services Into Markets Operated 

by the California Independent System 

Operator and the California Power 

Exchange 

EL00–98–088, Investigation of Practices of 

the California Independent System 

Operator and the California Power 

Exchange

E–58. 

OMITTED 

E–59. 

ER03–872–004, Southern Company 

Services, Inc. 

ER05–13–000, Southern Company 

Services, Inc 

E–60. 

ER04–564–000, Wayne-White Counties 

Electric Cooperative 

E–61. 

ER03–600–003, Cross-Sound Cable 

Company, LLC 

ER03–600–002, Cross-Sound Cable 

Company, LLC 

ER03–600–004, Cross-Sound Cable 

Company, LLC 

Miscellaneous Agenda 

M–1. 

PL03–3–005, Price Index Monitoring and 

Use in Tariffs 

AD03–7–005, Natural Gas Price Formation 

ER03–1271–000, Aquila, Inc. 

CP03–7–000, Colorado Interstate Gas 

Company 

CP03–301–000, Colorado Interstate Gas 

Company 

CP03–302–000, Cheyenne Plains Gas 

Pipeline Company 

CP03–302–001, Cheyenne Plains Gas 

Pipeline Company 

CP03–302–002, Cheyenne Plains Gas 

Pipeline Company 

CP03–303–000, Cheyenne Plains Gas 

Pipeline Company 

CP03–304–000, Cheyenne Plains Gas 

Pipeline Company 

RP03–245–000, Kinder Morgan Interstate 

Gas Transmission LLC 

RP99–176–089, Natural Gas Pipeline 

Company of America 

RP99–176–094, Natural Gas Pipeline 

Company of America 

RP02–363–002, North Baja Pipeline, LLC 

RP03–533–000, Northern Natural Gas 

Company 

RP03–70–003, PG&E Gas Transmission, 

Northwest Corporation 

RP03–70–002, PG&E Gas Transmission, 

Northwest Corporation 

CP01–421–000, Portland General Electric 

Company 

CP01–421–001, Portland General Electric 

Company 

RP03–540–000, Transcontinental Gas Pipe 

Line Corporation 

ER04–439–001, PacifiCorp 

RP03–398–000, Northern Natural Gas 

Company 

CP01–418–000, B–R Pipeline Company 

Markets, Tariffs, and Rates—Gas 

G–1. 

RP04–97–003, Equitrans, L.P. 

RP04–203–001, Equitrans, L.P.

67346 Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Notices 

RP04–203–002, Equitrans, L.P. 

RP04–97–001, Equitrans, L.P. 

RP04–97–005, Equitrans, L.P. 

CP05–18–000, Equitrans, L.P. 

G–2 

RM05–2–000, Policy for Selective 

Discounting by Natural Gas Pipelines 

G–3. 

OR96–2–010, ARCO Products Co., a 

Division of Atlantic Richfield Company, 

Texaco Refining and Marketing Inc., and 

Mobil Oil Corporation v. SFPP 

OR96–10–007, ARCO Products Co., a 

Division of Atlantic Richfield Company, 

Texaco Refining and Marketing Inc., and 

Mobil Oil Corporation v. SFPP 

OR96–10–009, ARCO Products Co., a 

Division of Atlantic Richfield Company, 

Texaco Refining and Marketing Inc., and 

Mobil Oil Corporation v. SFPP 

OR98–1–009, ARCO Products Co., a 

Division of Atlantic Richfield Company, 

Texaco Refining and Marketing Inc., and 

Mobil Oil Corporation v. SFPP 

OR98–1–011, ARCO Products Co., a 

Division of Atlantic Richfield Company, 

Texaco Refining and Marketing Inc., and 

Mobil Oil Corporation v. SFPP 

OR00–4–002, ARCO Products Co., a 

Division of Atlantic Richfield Company, 

Texaco Refining and Marketing Inc., and 

Mobil Oil Corporation v. SFPP 

OR00–4–004, ARCO Products Co., a 

Division of Atlantic Richfield Company, 

Texaco Refining and Marketing Inc., and 

Mobil Oil Corporation v. SFPP 

OR92–2–003, Ultramar Diamond Shamrock 

Corporation, Ultramar, Inc. v. SFPP 

OR92–2–004, Ultramar Diamond Shamrock 

Corporation, Ultramar, Inc. v. SFPP 

OR96–15–008, Ultramar Diamond 

Shamrock Corporation, Ultramar, Inc. v. 

SFPP 

OR96–15–009, Ultramar Diamond 

Shamrock Corporation, Ultramar, Inc. v. 

SFPP 

OR96–17–004, Ultramar Diamond 

Shamrock Corporation, Ultramar, Inc. v. 

SFPP

OR96–17–006, Ultramar Diamond 

Shamrock Corporation, Ultramar, Inc v. 

SFPP 

OR97–2–004, Ultramar Diamond Shamrock 

Corporation, Ultramar, Inc v. SFPP 

OR97–2–005, Ultramar Diamond Shamrock 

Corporation, Ultramar, Inc v. SFPP 

OR98–2–005, Ultramar Diamond Shamrock 

Corporation, Ultramar, Inc v. SFPP 

OR98–2–007, Ultramar Diamond Shamrock 

Corporation, Ultramar, Inc v. SFPP 

OR00–8–005, Ultramar Diamond Shamrock 

Corporation, Ultramar, Inc v. SFPP 

OR00–8–007, Ultramar Diamond Shamrock 

Corporation, Ultramar, Inc v. SFPP 

OR98–13–005, Tosco Corporation v SFPP 

OR98–13–007, Tosco Corporation v SFPP 

OR00–9–005, Tosco Corporation v SFPP 

OR00–9–007, Tosco Corporation v SFPP 

OR00–7–005, Navajo Refining Corporation 

v. SFPP 

OR00–7–006, Navajo Refining Corporation 

v. SFPP 

OR00–10–005, Refinery Holding Company 

v. SFPP 

OR00–10–006, Refinery Holding Company 

v. SFPP 

IS98–1–001, SFPP, L.P. 

IS98–1–002, SFPP, L.P. 

OR92–8–024, SFPP, L.P. 

OR93–5–015, SFPP, L.P. 

OR94–3–014, SFPP, L.P. 

OR94–4–016, SFPP, L.P. 

OR95–5–013, Mobil Oil Corporation v. 

SFPP, L.P. 

OR95–34–012, Tosco Corporation v. SFPP, 

L.P. 

G–4. 

OMITTED 

G–5. 

RP05–29–000, Florida Gas Transmission 

Company 

G–6. 

RP04–25–002, Texas Eastern Transmission, 

L.P. 

G–7. 

RP97–13–011, East Tennessee Natural Gas, 

LLC 

G–8. 

OMITTED 

G–9. 

RP03–620–001, Portland Natural Gas 

Transmission System 

RP03–620–000, Portland Natural Gas 

Transmission System 

G–10. 

PR04–8–001, Arkansas Oklahoma Gas 

Corporation 

G–11. 

RP04–91–001, Questar Pipeline Company 

RP04–91–000, Questar Pipeline Company 

RP04–91–002, Questar Pipeline Company 

G–12. 

RP95–197–050, Transcontinental Gas Pipe 

Line Corporation 

RP97–71–041, Transcontinental Gas Pipe 

Line Corporation 

G–13. 

RP04–378–000, Gas Technology Institute 

G–14. 

TS04–283–000, Central New York Oil and 

Gas Company, LLC 

TS05–2–000, Energy West Development 

TS04–150–001, Granite State Gas 

Transmission, Inc. 

TS04–277–000, Green Mountain Power 

Corporation 

TS04–284–000, Ozark Gas Transmission, 

L.L.C. 

TS04–274–001, Shell Gas Transmission, 

L.L.C. 

G–15. 

RP04–254–000, City of Hamilton, Ohio v. 

Texas Eastern Transmission, L.P. 

G–16. 

RP00–332–009, ANR Pipeline Company 

G–17. 

RP04–405–001, Northern Natural Gas 

Company 

G–18. 

RP05–35–000, Transcontinental Gas Pipe 

Line Corporation 

Energy Projects—Hydro 

H–1. 

P–516–388, South Carolina Electric & Gas 

Company 

P–516–394, South Carolina Electric & Gas 

Company 

H–2. 

P–11810–006, City of Augusta, Georgia 

H–3. 

P–2016–086, City of Tacoma, Washington 

H–4. 

P–2145–062, Public Utility District No. 1 of 

Chelan County, Washington 

P–943–089, Public Utility District No. 1 of 

Chelan County, Washington 

P–2149–113, Public Utility District No. 1 of 

Douglas County, Washington

H–5. 

P–2436–187, Consumers Energy Company 

P–2448–186, Consumers Energy Company 

P–2452–162, Consumers Energy Company 

P–2447–178, Consumers Energy Company 

P–2449–160, Consumers Energy Company 

P–2450–158, Consumers Energy Company 

P–2451–154, Consumers Energy Company 

P–2453–186, Consumers Energy Company 

P–2468–160, Consumers Energy Company 

P–2580–216, Consumers Energy Company 

P–2599–178, Consumers Energy Company 

H–6. 

OMITTED 

H–7. 

P–2816–031, North Hartland, LLC 

H–8. 

P–2004–160, City of Holyoke Gas and 

Electric Department 

H–9. 

P–77–127, Pacific Gas and Electric 

Company 

H–10. 

P–2576–040, Northeast Generation 

Company 

P–2597–025, Northeast Generation 

Company 

Energy Projects—Certificates 

C–1. 

RM05–1–000, Regulations Governing the 

Conduct of Open Seasons for Alaska 

Natural Gas Transmission Projects 

C–2. 

CP04–13–001, Saltville Gas Storage 

Company, LLC 

CP04–14–002, Saltville Gas Storage 

Company, LLC 

CP04–13–002, Saltville Gas Storage 

Company, LLC 

C–3. 

RP04–616–000, Northern Natural Gas 

Company v. ANR Pipeline Company 

C–4. 

CP04–379–000, Pine Prairie Energy Center, 

LLC 

CP04–380–000, Pine Prairie Energy Center, 

LLC 

CP04–381–000, Pine Prairie Energy Center, 

LLC 

C–5. 

CP04–76–000, Equitrans, L.P. 

C–6. 

CP04–105–000, CMS Gas Transmission 

Company and Bluewater Gas Storage, 

L.L.C. 

C–7. 

CP04–404–000, Tennessee Gas Pipeline 

Company 

C–8. 

CP04–102–001, CenterPoint Energy Gas 

Transmission Company

Linda Mitry, 

Deputy Secretary.

The Capitol Connection offers the 

opportunity for remote listening and 

viewing of the meeting. It is available 

for a fee, live over the Internet, via CVerDate jul<14>2003 16:16 Nov 16, 2004 Jkt 205001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1
Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Notices 67347

Band Satellite. Persons interested in 

receiving the broadcast, or who need 

information on making arrangements 

should contact David Reininger or Julia 

Morelli at the Capitol Connection (703–

993–3100) as soon as possible or visit 

the Capitol Connection Web site at 

http://www.capitolconnection.gmu.edu

and click on ‘‘FERC’’. 

[FR Doc. 04–25556 Filed 11–12–04; 4:18 pm] 

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

Notice of Meeting, Notice of Vote, 

Explanation of Action Closing Meeting 

and List of Persons To Attend 

November 10, 2004. 

The following notice of meeting is 

published pursuant to section 3(a) of the 

Government in the Sunshine Act (Pub. 

L. 94–409), 5 U.S.C. 552b:

AGENCY: Federal Energy Regulatory 

Commission.

DATE AND TIME: November 18, 2004 

(Within a relatively short time after the 

Commission’s open meeting on 

November 18).

PLACE: Room 3M 4A/B, 888 First Street, 

NE., Washington, DC 20426.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Non-Public 

Investigations and Inquiries, 

Enforcement Related Matters, and 

Security of Regulated Facilities.

FOR FURTHER INFORMATION CONTACT:

Magalie R. Salas, Secretary, Telephone 

(202) 502–8400. 

Chairman Wood and Commissioners 

Brownell, Kelliher, and Kelly voted to 

hold a closed meeting on November 18, 

2004. The certification of the General 

Counsel explaining the action closing 

the meeting is available for public 

inspection in the Commission’s Public 

Reference Room at 888 First Street, NE., 

Washington, DC 20426. 

The Chairman and the 

Commissioners, their assistants, the 

Commission’s Secretary and her 

assistant, the General Counsel and 

members of her staff, and a stenographer 

are expected to attend the meeting. 

Other staff members from the 

Commission’s program offices who will 

advise the Commissioners in the matters 

discussed will also be present.

Linda Mitry, 

Deputy Secretary.

[FR Doc. 04–25557 Filed 11–12–04; 4:18 pm] 

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7838–4] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of Proposed Settlement 

Agreement; Request for Public 

Comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed settlement 

agreement, to address a lawsuit filed by 

Louisiana Environmental Action 

Network (‘‘LEAN’’): LEAN v. Leavitt, 

04–CV–370 (M.D. La.). On or about June 

4, 2004, LEAN filed a complaint alleging 

that LEAN had submitted a petition to 

EPA seeking an objection to permits 

issued by Louisiana’s Department of 

Environmental Quality to Dow 

Chemical Company for two plants 

located in Plaquemine, Louisiana, and 

that the Administrator has failed to 

perform his nondiscretionary duty to 

respond to the petition within sixty 

days of the date it was filed. Under the 

terms of the proposed settlement 

agreement, EPA has agreed to respond 

to the petition by December 22, 2004, 

and LEAN has agreed to dismiss its suit 

with prejudice. In addition, under the 

proposed settlement, EPA would pay 

LEAN $1641.50 in settlement of its 

claims for attorneys’ fees in this matter.

DATES: Written comments on the 

proposed settlement agreement must be 

received by December 17, 2004.

ADDRESSES: Submit your comments, 

identified by docket ID number OGC–

2004–0010, online at http://

www.epa.gov/edocket (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; mailed to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD–

ROM should be formatted in 

Wordperfect or ASCII file, avoiding the 

use of special characters and any form 

of encryption, and may be mailed to the 

mailing address above.

FOR FURTHER INFORMATION CONTACT:

David Orlin, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460, telephone: (202) 

564–1222.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement 

This settlement would resolve a 

lawsuit seeking a response to a petition 

to object to Title V permits issued by 

Louisiana’s Department of 

Environmental Quality to Dow 

Chemical for modifications to Dow’s 

Cellulose plant (permit 2227–V2) and 

Light Hydrocarbon plant (permit 2024–

V2), which are located in Plaquemine, 

Louisiana. Under the proposed 

settlement, the parties would seek to 

stay the pending litigation, and LEAN 

would dismiss its lawsuit if the 

Administrator issues a response to the 

petition by December 22, 2004. The 

settlement does not require the 

Administrator to respond to the petition 

in any particular way. If the settlement 

becomes final and the Administrator 

issues a response to the petition by 

December 22, 2004, then EPA will pay 

LEAN $1641.50 in settlement of LEAN’s 

claims for attorneys’ fees.

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the proposed 

settlement agreement from persons who 

were not named as parties or interveners 

to the litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

settlement agreement if the comments 

disclose facts or considerations that 

indicate that such consent is 

inappropriate, improper, inadequate, or 

inconsistent with the requirements of 

the Act. Unless EPA or the Department 

of Justice determine, based on any 

comment which may be submitted, that 

consent to the settlement agreement 

should be withdrawn, the terms of the 

agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement 

A. How Can I Get a Copy of the 

Settlement ? 

EPA has established an official public 

docket for this action under Docket ID 

No. OGC–2004–0010 which contains a 

copy of the settlement. The official 

public docket is available for public 

viewing at the Office of Environmental 

Information (OEI) Docket in the EPA 

Docket Center, EPA West, Room B102, 

1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday