Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices 25661

a. Type of Application: Preliminary

Permit.

b. Project No.: P–11577–000.

c. Date filed: April 15, 1996.

d. Applicant: Summit Hydropower,

Inc.

e. Name of Project: Windsor Locks

Hydro Project.

f. Location: On the Connecticut River,

near Suffield, Enfield, and Windsor

Locks, Hartford County, Connecticut.

g. Filed Pursuant to: Federal Power

Act 16 USC § § 791(a)–825(r).

h. Applicant Contact: Mr. Duncan S.

Broatch, 92 Rocky Hill Road,

Woodstock, CT 06281, (860) 974–1620.

i. FERC Contact: Edward Lee at (202)

219–2809.

j. Comment Date: July 5, 1996.

k. Description of Project: The

proposed project would consist of: (1)

the existing Windsor Locks Canal

Company’s 10-foot-high and 1,484-footlong timber dam; (2) an existing 4,940

acre-foot reservoir; and (3) a

powerhouse having a capacity of 1,450

Kw with an average annual generation

of 10,400 Kwh.

No new access road will be needed to

conduct the studies. The applicant

estimates that the cost of the studies to

be conducted under the preliminary

permit would be $43,000. The existing

dam and site works are owned by

Windsor Locks Canal Company, 2 Elm

Street, Windsor Locks, CT 06096.

l. Purpose of Project: Project power

would be sold to a local utility,

Northeast Utilities.

m. This notice also consists of the

following standard paragraphs: A5, A7,

A9, A10, B, C, and D2.

A5. 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.

A7. Preliminary Permit—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.

A9. 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.

A10. 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.

B. 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.

C. Filing and Service of Responsive

Documents—Any filings must bear in

all capital letters the title

‘‘COMMENTS’’, ‘‘NOTICE OF INTENT

TO FILE COMPETING APPLICATION’’,

‘‘COMPETING APPLICATION’’,

‘‘PROTEST’’, ‘‘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, N.E.,

Washington, D.C. 20426. An additional

copy must be sent to Director, Division

of Project Review, Federal Energy

Regulatory Commission, at the abovementioned address. A copy of any

notice of intent, competing application

or motion to intervene must also be

served upon each representative of the

Applicant specified in the particular

application.

D2. 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.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 96–12849 Filed 5–21–96; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. RM93–11–000]

Revisions To Oil Pipeline Regulations

Pursuant to the Energy Policy Act of

1992

(Issued May 16, 1996.)

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Notice of Annual Change in the

Producers Price Index for Finished

Goods, Minus One Percent.

SUMMARY: The Commission is issuing

the index that oil pipelines must apply

to their July 1, 1995–June 30, 1996 rate

ceiling levels to compute their rate

ceiling levels for the period July 1, 1996,

through June 30, 1997, in accordance

with 18 CFR 342.3(d). This index,

which is the percent change (expressed

as a decimal) in the annual average

Producer Price Index for Finished

Goods from 1994 to 1995, minus one

percent, is .009124. Oil pipelines must

multiply their July 1, 1995–June 30,

1996 rate ceiling levels by 1.009124 to

compute their rate ceiling levels for the

period July 1, 1996 through June 30,

1997.

FOR FURTHER INFORMATION CONTACT:

Michelle Veloso, Office of Economic

Policy, Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 20426, (202) 208–2008

SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register,

the Commission also provides all

interested persons an opportunity to

inspect or copy the contents of this

document during normal business hours
25662 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices

1The final figure for the annual average PPI–FG

is published by the Bureau of Labor Statistics in

mid-May of each year. This figure is publicly

available from the Division of Industrial Prices and

Price Indexes of the Bureau of Labor Statistics, at

(202) 606–7705, and is available in print in August

in Table 1 of the annual data supplement to the BLS

publication Producer Price Indexes.

2 [127.9¥125.5]/125.5=.019124;

.019124¥.01=.009124.

at 888 First Street, NE., Washington, DC

20426.

The Commission Issuance Posting

System (CIPS), an electronic bulletin

board service, provides access to the

texts of formal documents issued by the

Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a

modem by dialing (202) 208–1397 if

dialing locally or 1–800–856–3720 if

dialing long distance. To access CIPS,

set your communications software to

use 19200, 14400, 12000, 9600, 7200,

4800, 2400, or 1200 bps, full duplex, no

parity, 8 data bits, and 1 stop bit. The

full text of this document will be

available on CIPS indefinitely in ASCII

and WordPerfect 5.1 format. The

complete text on diskette in

WordPerfect format may also be

purchased from the Commission’s copy

contractor, La Dorn Systems

Corporation, also located in the Public

Reference Room at 888 First Street, NE.,

Washington, DC 20426.

Notice of Annual Change in the

Producer Price Index for Finished

Goods, Minus One Percent

Issued May 16, 1996.

The Commission’s regulations include

a methodology for oil pipelines to

change their rate through use of an

index systems that establishes ceiling

levels for such rates. The index system

as set forth at 18 CFR 342.3 is based on

the annual change in the Producer

Prince Index for Finished Goods (PPI–

FG), minus one percent. The regulations

provide that each year the Commission

will publish an index reflecting the final

change in the PPI–FG, minus one

percent, after the final PPI–FG is made

available by the Bureau of Labor

Statistics in May of each calendar year.

The annual average PPI–FG index

figure for 1994 was 125.5 and the

annual average PPI–FG index for 1995

was 127.9.1 Thus, the percent change

(expressed as a decimal) in the annual

average PPI–FG from 1994 to 1995,

minus one percent, is .009124.2 Oil

pipelines must multiply their July 1,

1995–June 30, 1996 rate ceiling levels

by 1.009124 to compute their rate

ceiling levels for the period July 1, 1996,

through June 30, 1997, in accordance

with 18 342.3(d).

To obtain July 1, 1996–June 30, 1997

ceiling levels, pipelines must first

calculate their ceiling levels for the

January 1, 1995–June 30, 1995 index

period, by multiplying their December

31, 1994 rates by 1.009175. Pipelines

must then multiply those ceiling levels.

Finally, pipelines must multiply their

July 1, 1995–June 30, 1996 ceiling levels

by 1.009124 to obtain the July 1, 1996–

June 30, 1997 ceiling levels. See

Explorer Pipeline Company, 71 FERC ¶

61,416 at n. 6 (1995) for an explanation

of how ceiling levels must be calculated.

Lois D. Cashell,

Secretary.

[FR Doc. 96–12850 Filed 5–21–96; 8:45 am]

BILLING CODE 6717–01–M

Office of Hearings and Appeals

Implementation of Special Refund

Procedures

AGENCY: Office of Hearings and Appeals,

Department of Energy.

ACTION: Notice of Implementation of

Special Refund Procedures.

SUMMARY: The Office of Hearings and

Appeals (OHA) of the Department of

Energy announces procedures for

disbursement of $48,307.13 of crude oil

overcharge funds obtained by the DOE

from Texas American Oil Corporation

(Texas American), Case No. VEF–0019.

The OHA has determined that these

funds, plus accrued interest, be

distributed as direct restitution to

individual claimants who were injured

by crude oil overcharges.

FOR FURTHER INFORMATION CONTACT:

Richard W. Dugan, Associate Director,

Office of Hearings and Appeals, 1000

Independence Ave., SW., Washington

DC 20585–0107, Telephone No. (202)

426–1575.

SUPPLEMENTARY INFORMATION: In

accordance with 10 CFR § 205.282(c),

notice is hereby given of the issuance of

the Decision and Order set forth below.

The Decision and Order sets forth the

procedures that the DOE has formulated

to distribute $48,307.13 (plus accrued

interest) remitted to the DOE by the

trustee-in-bankruptcy for Texas

American. The DOE is currently holding

these funds in an interest-bearing

escrow account pending distribution.

The OHA will allocate all of the crude

oil overcharge funds obtained from

Texas American for individual

claimants. This is in accordance with

Texas American Oil Corp. v. DOE, 44

F.3d 1557 (Fed. Cir. 1995) (en banc), in

which the United States Court of

Appeals for the Federal Circuit held that

the DOE’s claim in the Texas American

bankruptcy proceeding on behalf of

individual claimants should have a

higher priority than its claim on behalf

of the states and federal government.

Pursuant to that decision, the

bankruptcy court distributed to the DOE

an amount equivalent to only 20 percent

of its liquidated claim in the Texas

American bankruptcy proceeding, since

under the DOE’s Modified Statement of

Restitutionary Policy in Crude Oil

Cases, 51 FR 27899 (August 4, 1986), a

maximum of 20 per cent of the crude oil

overcharge funds remitted to the DOE

are reserved for injured purchasers of

refined petroleum products.

Refunds to eligible purchasers will be

based on the volume of products that

they purchased during the price control

period. The volumetric refund amount

is $0.0016 per gallon. Because the June

30, 1995 deadline for crude oil refund

applications has passed, no new

applications for refund will be accepted

in this proceeding. As we state in the

Decision, the Texas American funds

will be added to the general crude oil

overcharge pool for direct restitution to

claimants that have filed timely

applications.

Dated: May 14, 1996.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision and Order of the Department

of Energy

Implementation of Special Refund

Procedures

May 14, 1996.

Name of Case: Texas American Oil

Corporation.

Date of Filing: September 1, 1995.

Case Number: VEF–0019.

On March 14, 1996, the Office of

Hearings and Appeals (OHA) of the

Department of Energy (DOE) issued a

Proposed Decision and Order (PDO)

which tentatively established refund

procedures for the distribution of crude

oil overcharge funds obtained from

Texas American Oil Corporation (Texas

American). Texas American Oil Co.,

Case No. VEF–0019, 61 Fed. Reg. 13170

(March 26, 1996). After a review of the

comments received, the DOE has

determined that the procedures set forth

in the Proposed Decision and Order

should be adopted.

I. Background

On September 19, 1988, the OHA

issued a Remedial Order (RO) that

found that Texas American had violated

10 CFR § 211.67(e)(2) by receiving

excessive small refiner bias benefits

under the DOE’s Entitlements Program.