Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2817

1See 73 FERC ¶ 62,180 (1995).

November 3, 1995, to abandon storage

service to Boston Gas under National’s

SS–2 Rate Schedule and to abandon

storage service to three other customers

(Orange & Rockland Utilities, Inc., Penn

Fuel Gas, Inc. and The Southern

Connecticut Gas Company), effective

April 1, 1996.1

National states that following the

filing of National’s application, National

and Boston Gas entered into

negotiations over the continuation of

Boston Gas’ SS–2 service. National

states that these negotiations have

culminated in an agreement extending

the primary term of Boston Gas’ SS–2

service agreement through March 31,

1998. National states that, in this regard,

National is authorized by Boston Gas to

state that Boston Gas rescinds its notice

of termination given to National in

March, 1995. National states that it

deletes Boston Gas from the services it

proposed to terminate.

The Commission will treat National’s

Notice of Continuation of Service as a

petition to vacate in-part the

authorization granted pursuant to

Section 7(b) in Docket No. CP96–49–

000.

Any person desiring to be heard or to

make any protest with reference to said

petition should on or before February 7,

1996, file with the Federal Energy

Regulatory Commission, Washington,

D.C. 20426, a motion to intervene or a

protest 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 Natural Gas Act (18 CFR

157.10). All protests filed with the

Commission will be considered by it in

determining the appropriate action to be

taken but will not serve to make the

protestants parties to the proceeding.

Any person wishing to become a party

to a proceeding or to participate as a

party in any hearing therein must file a

motion to intervene in accordance with

the Commission’s Rules.

Lois D. Cashell,

Secretary

[FR Doc. 96–1485 Filed 1–26–96; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. CP96–136–000]

NorAm Gas Transmission Company;

Notice of Request Under Blanket

Authorization

January 23, 1996.

Take notice that on January 16, 1996,

NorAm Gas Transmission Company

(NGT), 1600 Smith Street, Houston,

Texas 77002, filed a request with the

Commission in Docket No. CP96–136–

000 pursuant to Sections 157.205 and

157.211 of the Commission’s

Regulations under the Natural Gas Act

(NGA) to construct and operate certain

facilities in Logan County, Arkansas,

authorized in blanket certificate issued

in Docket No. CP82–384–000 and CP82–

284–001, all as more fully set forth in

the request on file with the Commission

and open to public inspection.

NGT proposes to construct and

operate a 2-inch tap and 1-inch first-cut

regulator on NGT’s Line BT–14 in

Section 29,Township 8 North, Range 25

West, Logan County, Arkansas. NGT

states that the gas would be delivered to

ARKLA, a distribution division of

NorAm Energy Crop. (AKRLA). NGT

further states that the volumes to be

delivered to this meter station would be

approximately 600 MMBtu annually

and 2.5 MMBtu on a peak day. The

estimated cost of construction of the tap

and first-cut regulator would be $2,700,

which would be reimbursed by ARKLA.

Any person or the Commission’s staff

may, within 45 days after the

Commission has issued this notice, file

pursuant to Rule 214 of the

Commission’s Procedural Rules (18 CFR

385.214) a motion to intervene or notice

of intervention and pursuant to Section

157.205 of the Regulations under the

NGA (18 CFR 157.205) a protest to the

request. If no protest is filed within the

allowed time, the proposed activity

shall be deemed to be authorized

effective the day after the time allowed

for filing a protest. If a protest is filed

and not withdrawn within 30 days after

the time allowed for filing a protest, the

instant request shall be treated as an

application for authorization pursuant

to Section 7 of the NGA.

Lois D. Cashell,

Secretary.

[FR Doc. 96–1486 Filed 1–26–96; 8:45 am]

BILLING CODE 6717–01–M

[Docket Nos. RP94–149–000 and RP94–145–

000]

Pacific Gas Transmission; Notice of

Informal Settlement Conference

January 23, 1996.

Take notice that an informal

settlement conference will be convened

in this proceeding on Tuesday and

Wednesday, January 30–31, 1996, at

10:00 a.m., at the offices of the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, DC, for

the purpose of exploring the possible

settlement of the above-referenced

dockets.

Any party, as defined by 18 CFR

385.102(c), or any participant, as

defined by 18 CFR 385.102(b), is invited

to attend. Persons wishing to become a

party must move to intervene and

receive intervenor status pursuant to the

Commission’s regulations (18 CFR

385.214).

For additional information, please

contact Betsy R. Carr at (202) 208–1240

or Russell B. Mamone at (202) 208–

0740.

Lois D. Cashell,

Secretary.

[FR Doc. 96–1529 Filed 1–26–96; 8:45am]

BILLING CODE 6717–01–M

Western Area Power Administration

Proposed Power Allocation

Procedures and Call for Applications,

Post-2000 Resource Pool—Pick-Sloan

Missouri Basin Program, Eastern

Division

AGENCY: Western Area Power

Administration, DOE.

ACTION: Notice of Proposed Allocation

Procedures and Call for Applications.

SUMMARY: Western Area Power

Administration (Western), a Federal

power marketing agency of the

Department of Energy, is publishing this

notice of proposed procedures to

implement Subpart C—Power Marketing

Initiative of the Energy Planning and

Management Program Final Rule, 10

CFR part 905, published at 60 FR 54151.

The Energy Planning and Management

Program (Program), which was

developed in part to implement section

114 of the Energy Policy Act of 1992,

became effective on November 20, 1995.

Subpart C of the Program provides for

the establishment of project-specific

resource pools and the allocation of

power from these pools to new

preference customers. These proposed

procedures, in conjunction with the

Eastern Division, Pick-Sloan Missouri

Basin Program Final Post-1985

Marketing Plan (Post-1985 Marketing

Plan) (45 FR 71860) will establish the

framework for allocating power from the

resource pool to be established for the

Pick-Sloan Missouri Basin Program—

Eastern Division (PSMBP–ED).

DATES: The comment period on the

proposed procedures will begin with the

publication of this notice in the Federal

Register and will end March 4, 1996. To

be assured of consideration, all written

comments must be received by the end

of the comment period. Western will

hold public information forums and

public comment forums on the

proposed procedures on February 14,
2818 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

15, and 16, 1996 at the following

locations and times:

February 14, 1996, Hilton Sioux Hotel,

707 Fourth St., Sioux City, Iowa,

Information forum—1 p.m. (not to

exceed 2 hours), Comment forum—

immediately following the

information forum

February 15, 1996, Best Western

Doublewood Inn, 3333 13th Avenue

South, Fargo, North Dakota,

Information forum—1 p.m. (not to

exceed 2 hours), Comment forum—

immediately following the

information forum

February 16, 1996, Holiday Inn, 1902

LaCross Street, Rapid City, South

Dakota, Information forum—9 a.m.

(not to exceed 2 hours), Comment

forum—immediately following the

information forum

ADDRESSES: All written comments

regarding these proposed procedures

should be directed to the following

address: Mr. Joel K. Bladow, Acting

Regional Manager, Upper Great Plains

Customer Service Region, Western Area

Power Administration, P.O. Box 35800,

Billings, MT 59107–5800.

All documentation developed or

retained by Western for the purpose of

developing these procedures will be

available for inspection and copying at

the Upper Great Plains Customer

Service Region located at the above

address.

FOR FURTHER INFORMATION CONTACT:

Robert J. Harris, Assistant Area Manager

for Engineering and Marketing, Upper

Great Plains Customer Service Region,

Western Area Power Administration,

P.O. Box 35800, Billings, MT 59107–

5800, (406) 247–7394.

After all public comments have been

thoroughly considered, Western will

prepare and publish the Final Post 2000

Resource Pool Allocation Procedures in

the Federal Register.

SUPPLEMENTARY INFORMATION: On

October 20, 1995, Western published

the Final Rule for the Program. The rule

became effective on November 20, 1995.

The goal of the Program is to require

planning and efficient electric energy

use by Western’s long-term firm power

customers and to extend Western’s firm

power resource commitments. One

aspect of the Program is the

establishment of project-specific power

resource pools when existing resource

commitments expire and the allocation

of power from these pools to new

preference customers.

Existing resource commitments for

the PSMBP–ED expire on December 31,

2000. In accordance with the Program,

96 percent (96%) of the firm power

resources determined to be available at

that time will be extended to existing

customers. The remaining 4 percent

(4%) will be placed in a resource pool

from which power allocations to new

customers will be made in accordance

with these procedures and the Post-1985

Marketing Plan.

The Proposed Post-2000 Resource Pool

Allocation Procedures

These proposed procedures for the

PSMBP–ED address (1) eligibility

criteria; (2) how Western plans to

allocate the pool resources to new

customers as provided for in the

Program; and (3) the terms and

conditions under which Western will

sell the power allocated.

I. Amount of Pool Resources

Western proposes to allocate 4

percent (4%) of the PSMBP–ED longterm firm hydroelectric resource

available as of January 1, 2001 as firm

power (firm power) as provided for by

the Program. Firm power means

capacity and associated energy allocated

by Western and subject to the terms and

conditions specified in the Western

electric service contract.

II. General Eligibility Criteria

Western proposes to apply the

following general eligibility criteria to

applicants seeking an allocation of firm

power under the proposed Post-2000

Resource Pool Allocation Procedures.

A. Qualified utility applicants and

qualified Native American applicants

must be preference entities in

accordance with section 9(c) of the

Reclamation Project Act of 1939, 43

U.S.C. 485h(c), as amended and

supplemented.

B. Qualified utility applicants and

qualified Native American applicants

must be located within the currently

established PSMBP–ED marketing area.

C. Qualified utility applicants must

not be currently receiving benefits,

directly or indirectly, from a current

PSMBP–ED firm power allocation.

Qualified Native American applicants

are not subject to this requirement.

D. Qualified utility applicants must be

able to use the firm power directly or be

able to sell it directly to retail

customers.

E. Qualified utility applicants must

have utility status by December 31,

1996. Utility status means that the entity

has responsibility to meet load growth,

has a distribution system, and is ready,

willing, and able to purchase Federal

power from Western on a wholesale

basis.

F. Qualified Native American

applicants must be a Native American

tribe as defined in the Indian Self

Determination Act of 1975, 25 U.S.C.

450b, as amended.

III. General Allocation Criteria

Western proposes to apply the

following general allocation criteria to

applicants seeking an allocation of firm

power under the proposed Post 2000

Resource Pool Allocation Procedures.

A. Allocations of firm power will be

made in amounts as determined solely

by Western in exercise of its discretion

under Reclamation Law.

B. An allottee will have the right to

purchase such firm power only upon

the execution of an electric service

contract between Western and the

allottee, and satisfaction of all

conditions in that contract.

C. Firm power allocated under these

procedures will be available only to new

preference customers in the existing

PSMBP—ED marketing area. This

marketing area includes Montana (east

of the Continental Divide), North

Dakota, South Dakota, and specific areas

in western Iowa, western Minnesota and

eastern Nebraska. The marketing area of

the PSMBP—ED is Montana east of the

Continental Divide, all of North and

South Dakota, Nebraska east of the 101°

meridian, Iowa west of the 941⁄2°

meridian, and Minnesota west of a line

on the 941⁄2° meridian from the southern

boundary of the state to the 46° parallel

and thence northwesterly to the

northern boundary of the state at the

961⁄2° meridian.

D. Allocations made to Native

American tribes will be based on

estimated load developed by the Native

American Tribes. Inconsistent estimates

will be adjusted by Western during the

allocation process. Western is willing to

consult with the Tribes to develop load

estimating methods assuring consistent

Native American load estimates across

the region.

E. Allocations made to utility

customers will be based on the loads

experienced in the 1994 summer season

and the 1994–95 winter season. Western

will use Mid-Continent Area Power Pool

data trends to adjust this data in order

to apply Post-1985 Marketing Plan

criteria.

F. Energy provided with firm power

will be based upon the customer’s

monthly system load factor.

G. Any electric service contract

offered to a new customer shall be

executed by the customer within six (6)

months of a contract offer by Western,

unless otherwise agreed to in writing by

Western.

H. The initial resource pool will be

dissolved subsequent to the closing date

for executing firm power contracts. Firm
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2819

power not under contract will be used

as determined by Western.

I. The minimum allocation shall be

100 kilowatts (kW).

J. The maximum allocation for utility

customers shall be 5,000 kilowatts (kW).

K. Contract rates of delivery shall be

subject to adjustment in the future as

provided for in the Program.

L. If unanticipated obstacles to the

delivery of hydropower benefits to

Native American tribes arise, Western

retains the right to provide the

economic benefits of its resources

directly to the tribes.

IV. General Contract Principles

Western proposes to apply the

following general contract principles to

all applicants receiving an allocation of

firm power under the proposed Post

2000 Resource Pool Allocation

Procedures.

A. Western shall reserve the right to

reduce a customer’s summer season

contract rate of delivery by up to 5

percent (5.0%) for new project pumping

requirements, by giving a minimum of

five (5) years’ written notice in advance

of such action.

B. Western, at its discretion and sole

determination, shall reserve the right to

adjust the contract rate of delivery on

five (5) years’ notice in response to

changes in hydrology and river

operations. Any such adjustments shall

only take place after public process.

C. Western shall assist the allottee in

obtaining third-party transmission

arrangements for delivery of firm power

allocated under these proposed

procedures to new customers;

nonetheless, each allottee is ultimately

responsible for obtaining its own

delivery arrangements.

D. Contracts entered into under the

proposed Post 2000 Resource Pool

Allocation Procedures shall provide for

Western to furnish firm electric service

effective from January 1, 2001, through

December 31, 2020.

E. The contracts entered into as a

result of the proposed procedures shall

incorporate Western’s standard

provisions for power sales contracts,

integrated resource planning, and the

general power contract provisions.

V. Applications for Firm Power

Western requests all applications be

submitted in writing to the Regional

Manager, Upper Great Plains Customer

Service Region, for an allocation of firm

power under these procedures.

Applications must be made only via

certified, return receipt requested U.S.

mail. No other means of submitting

applications will be accepted. The

applications must be received in

Western’s Upper Great Plains Customer

Service Region at P.O. Box 35800,

Billings, Montana 59107–5800, no later

than the close of business on March 4,

1996.

A. Letter of Interest and Applicant

Profile Data (APD)

Each applicant must submit to the

Regional Manager, Upper Great Plains

Customer Service Region, a Letter of

Interest in receiving firm power and the

appropriate APD as outlined below.

B. Applicant Profile Data

The content and format of the APD

are outlined below. The information

should be submitted in the sequence

listed. The applicant must provide all

requested information or the most

reasonable available estimate. The

applicant should note any requested

information that is not applicable. The

APD must be typed and two copies

submitted by certified or return receipt

requested mail to Western’s Upper Great

Plains Customer Service Region by the

date specified above. The burden of

ensuring consistency of the content of

both copies rests with the applicant.

Western is not responsible for errors in

data or missing pages. All items of

information in the APD should be

answered as if prepared by the

organization seeking the allocation.

1. The APD shall consist of the

following:

a. Applicant:

i. Applicant’s name and address.

ii. Person(s) representing applicant:

Please provide the name, address, title,

and telephone number of such

person(s).

iii. Type of organization: For example,

municipality, rural electric cooperative,

Native American tribe, state agency,

Federal agency. Please provide a brief

description of the organization that will

interact with Western on contract and

billing matters and whether the

organization owns and operates its own

electric utility system.

iv. Applicable law under which

organization was established.

b. Loads:

i. Utility Customers:

(1) Number and type of customers

served; i.e., residential, commercial,

industry, military base, agricultural.

(2) The actual monthly maximum

demand in (kilowatts) and energy use

(in kilowatt-hours) experienced in the

1994 summer season (May 1994 through

October 1994) and the 1994–95 winter

season (November 1994 through April

1995).

ii. Native American Tribes:

(1) Estimated maximum demand in

kilowatts with a description of the

method and basis for this estimated

demand.

c. Resources:

i. A list of current power supplies,

including the applicant’s own

generation and purchases from others.

For each supply, provide capacity and

location.

ii. Status of power supply contracts,

including a contract termination date.

Indicate whether power supply is on a

firm basis or some other type of

arrangement.

d. Transmission:

i. Points of delivery: Provide the

preferred point(s) of delivery on

Western’s system or a third-party’s

system and the required service voltage.

ii. Transmission arrangements:

Describe the transmission arrangements

necessary to deliver firm power to the

requested points of delivery.

e. Other Information:

The applicant may provide any other

information pertinent to receiving an

allocation.

f. Signature:

The signature and title of an

appropriate official who is able to attest

to the validity of the APD and who is

authorized to submit the request for

allocation.

C. Western’s Consideration of

Applications

1. When the APD is received by

Western, Western will verify that the

general eligibility criteria set forth in

section II has been met, and that all

items requested in the APD have been

provided.

a. Western will request in writing

additional information from any

applicant whose APD is determined to

be deficient. The applicant shall have 15

days from the date on Western’s letter

of request to provide the information.

b. If Western determines that the

applicant does not meet the general

eligibility criteria, Western will send a

letter explaining why the applicant did

not qualify.

c. If the applicant has met the

eligibility criteria, Western will

determine the amount of firm power to

be allocated pursuant to the general

allocation criteria set forth in section III.

Western will send a draft contract to the

applicant for review which identifies

the terms and conditions of the offer

and the amount of firm power allocated

to the applicant.

2. All firm power shall be allocated

according to the procedures in the

general allocation criteria set forth in

section III.

3. Western reserves the right to

determine the amount of firm power to

allocate to an applicant, as justified by

the applicant in its APD.
2820 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

VI. Review Under the Regulatory

Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601 et seq., requires Federal

agencies to perform a regulatory

flexibility analysis if a proposed

regulation is likely to have a significant

economic impact on a substantial

number of small entities. Western has

determined that (1) this rulemaking

relates to services offered by Western,

and, therefore, is not a rule within the

purview of the Act, and (2) the impacts

of an allocation from Western would not

cause an adverse economic impact on a

substantial number of such entities. The

requirements of this Act can be waived

if the head of the agency certifies that

the rule will not, if promulgated, have

a significant economic impact on a

substantial number of small entities. By

his execution of this Federal Register

notice, Western’s Administrator certifies

that no significant economic impact on

a substantial number of small entities

will occur.

VII. Review Under the Paperwork

Reduction Act

In accordance with the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501–

3520, Western has received approval

from the Office of Management and

Budget (OMB) for the collection of

customer information in this rule, under

control number 1910–1200.

VIII. Review Under the National

Environmental Policy Act

Western has completed an

environmental impact statement on the

Program, pursuant to the National

Environmental Policy Act of 1969

(NEPA). The Record of Decision was

published in the Federal Register on

October 12, 1995 (60 FR 53181).

Western’s NEPA review will assure all

environmental effects related to these

procedures have been analyzed.

IX. Determination Under Executive

Order 12866

DOE has determined that this is not

a significant regulatory action because it

does not meet the criteria of Executive

Order 12866, 58 FR 51735. Western has

an exemption from centralized

regulatory review under Executive

Order 12866; accordingly, no clearance

of this notice by OMB is required.

Issued in Golden, Colorado, January 19,

1996.

J.M. Shafer,

Administrator.

[FR Doc. 96–1394 Filed 1–26–96; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL 5408–1]

Agency Information Collection

Activities Under OMB Review;

Measures of Success for Compliance

Assistance Reporting Form

AGENCY: Environmental Protection

Agency (EPA).

ACTION: None.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

the Information Collection Request (ICR)

Measures of Success for Compliance

Assistance Reporting Form abstracted

below has been forwarded to the Office

of Management and Budget (OMB) for

review and comment. The ICR describes

the nature of the information collection

and its expected cost and burden; where

appropriate, it includes the actual data

collection instrument.

DATES: Comments must be submitted on

or before February 28, 1996.

FOR FURTHER INFORMATION OR A COPY

CALL: Sandy Farmer at EPA, 202–260–

2740, and refer to EPA ICR. No. 1758.02.

SUPPLEMENTARY INFORMATION:

Title: Measures of Success for

Compliance Assistance Reporting Form.

(OMB Control No. XXXX–XXXX: EPA

ICR No. 1758.02) This is a new

collection.

Abstract: This will be a voluntary

collection of program information on

the accomplishments of state and

regional compliance assistance

programs. The information will be

collected so that EPA can better

understand the effectiveness of

compliance assistance programs vis a

vis enforcement programs and so that

success stories can be shared between

state programs. This is a voluntary

information collection request. This

information will be used by EPA’s

Office of Enforcement and Compliance

Assurance (OECA) in order to evaluate

the effectiveness of regional and state

compliance assistance programs as a

supplementary tool to traditional

enforcement methods. EPA regions and

state programs will also use the

information to learn about other

compliance assistance programs. An

agency may not conduct or sponsor, and

a person is not required to respond to,

a collection of information unless it

displays a currently valid OMB control

number. The OMB control numbers for

EPA’s regulations are listed in 40 CFR

Part 9 and 48 CFR Chapter 15. The

Federal Register Notice required under

5 CFR 1320.8(d), soliciting comments on

this collection of information was

published on November 7, 1995, FR

56,148.

Burden Statement: The annual public

reporting and record keeping burden for

this collection of information for states

is estimated to average 2 hours per

response and for third-party

respondents it will average 1 hour per

response. This estimate includes the

time needed to review instructions;

develop, acquire, install, and utilize

technology and systems for purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to

respond to a collection of information;

search existing data sources; complete

and review the collection of

information; and transmit or otherwise

disclose the information. No person is

required to respond to a collection of

information unless it displays a

currently valid OMB control number.

The OMB control numbers for EPA’s

regulations are displayed in 40 CFR Part

9.

Respondents/Affected Entities: state and

small businesses

Estimated No. of Respondents: 3,286

Estimated Total Annual Burden of

Respondents: 5,830

Frequency of Collection: Annually

Send comments regarding the burden

estimate, or any other aspect of the

information collection, including

suggestions for reducing the burden, to

the following addresses. Please refer to

EPA ICR No. 1758.02 and OMB Control

No. XXXX–XXXX in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental

Protection Agency, Information Policy

Branch (2136) 401 M Street, SW.,

Washington, DC 20460

and

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attention: Desk Officer for

EPA, 725 17th St, NW., Washington,

DC 20503.

Dated: January 11, 1996.

Joseph Retzer,

Regulatory Information Division.

[FR Doc. 96–1556 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–M

[FRL–5409–2]

Acid Rain Program: Notice of Final

Permits

AGENCY: Environmental Protection

Agency (EPA).