Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices 6717 

Applicants: Entergy Services, Inc. 

Description: Entergy Gulf States 

Louisiana, LLC submits a notice of 

termination of Interconnection and 

Operating Agreement etc. with Citgo 

Petroleum Corp. 

Filed Date: 01/23/2008. 

Accession Number: 20080125–0142. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, February 13, 2008. 

Docket Numbers: ER08–472–000. 

Applicants: Southwest Power Pool, 

Inc. 

Description: Southwest Power Pool, 

Inc. submits revised pages concerning 

its OATT reimplementing changes to 

pricing zone rates to be effective 2/1/08. 

Filed Date: 01/23/2008. 

Accession Number: 20080125–0143. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, February 13, 2008. 

Docket Numbers: ER08–473–000. 

Applicants: ISO New England, Inc. 

Description: ISO New England Inc. et 

al. submits an amendment of Governing 

Law Provisions to the Study Agreements 

of Schedule 22 etc. 

Filed Date: 01/24/2008. 

Accession Number: 20080125–0144. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, February 14, 2008. 

Docket Numbers: ER08–474–000. 

Applicants: ISO New England Inc. 

Description: ISO New England, Inc. 

and the New England Power Pool 

Participants Committee submits revised 

tariff sheets and supporting testimony of 

Marc D. Montalvo, reproposed revisions 

to Market Rule 1. 

Filed Date: 01/25/2008. 

Accession Number: 20080128–0013. 

Comment Date: 5 p.m. Eastern Time 

on Friday, February 15, 2008. 

Take notice that the Commission 

received the following electric securities 

filings: 

Docket Numbers: ES08–25–000. 

Applicants: Aquila, Inc. 

Description: Aquila, Inc.’s 

Application for Authorization of 

Issuance of Notes and Debt with 

Maturity of One Year or Less. 

Filed Date: 01/22/2008. 

Accession Number: 20080122–5012. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, February 12, 2008. 

Take notice that the Commission 

received the following public utility 

holding company filings: 

Docket Numbers: PH08–16–000. 

Applicants: Milliken & Company. 

Description: Notice of Material 

Change in Facts of Milliken & Company. 

Filed Date: 01/02/2008. 

Accession Number: 20080102–5027. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, January 23, 2008. 

Docket Numbers: PH08–17–000. 

Applicants: E.ON North America 

Holdings LLC. 

Description: E.ON North America 

Holdings LLC’s Waiver Notification on 

FERC–65B and filed a corrected version. 

Filed Date: 01/17/2008. 

Accession Number: 20080117–5046 & 

20080117–5049. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, February 7, 2008. 

Docket Numbers: PH08–19–000. 

Applicants: ITC Holdings Corp. 

Description: FERC Form 65 B, Waiver 

Notification of ITC Holdings Corp. 

Filed Date: 01/22/2008. 

Accession Number: 20080122–5033. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, February 12, 2008. 

Docket Numbers: PH08–20–000. 

Applicants: Cerberus Capital 

Management, L.P. 

Description: FERC Form 65 B, Waiver 

Notification of Cerberus Capital 

Management, L.P. 

Filed Date: 01/22/2008. 

Accession Number: 20080122–5187. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, February 12, 2008. 

Take notice that the Commission 

received the following PURPA 

210(m)(3) filings: —

Docket Numbers: QM08–3–000. 

Applicants: Alliant Energy Corporate 

Services, Inc., Wisconsin Power & Light 

Co., Interstate Power & Light Company. 

Description: Application for 

authorization to terminate the 

Mandatory Purchase Obligation of 

power from qualified facilities over 

twenty megawatts on a service territorywide basis, pursuant to section 

292.310(a). 

Filed Date: 01/25/2008. 

Accession Number: 20080125–5140. 

Comment Date: 5 p.m. Eastern Time 

on Friday, February 22, 2008. 

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. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E8–1996 Filed 2–4–08; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Southwestern Power Administration 

White River Minimum Flows—

Determination of Federal and NonFederal Hydropower Impacts 

AGENCY: Southwestern Power 

Administration, DOE. 

ACTION: Notice of Public Review and 

Comment. 

SUMMARY: Section 132 of Public Law 

109–103 (2005) authorized and directed 

the Secretary of the Army to implement 

alternatives BS–3 and NF–7, as 

described in the White River Minimum 

Flows Reallocation Study Report, 

Arkansas and Missouri, dated July 2004. 

The law states that the Administrator, 

Southwestern Power Administration 

(Southwestern), shall determine any 

impacts on electric energy and capacity 

generated at Federal Energy Regulatory 

Commission (FERC) Project No. 2221 

caused by the storage reallocation at 

Bull Shoals Lake. Further, the licensee 


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6718 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices 

of Project No. 2221 shall be fully 

compensated by the Corps of Engineers 

for those impacts on the basis of the 

present value of the estimated future 

lifetime replacement costs of the 

electrical energy and capacity at the 

time of implementation of the White 

River Minimum Flows project. 

The law also states that losses to the 

Federal hydropower purpose of the Bull 

Shoals and Norfork Projects shall be 

offset by a reduction in the costs 

allocated to the Federal hydropower 

purpose. Further, such reduction shall 

be determined by the Administrator of 

Southwestern on the basis of the present 

value of the estimated future lifetime 

replacement cost of the electrical energy 

and capacity at the time of 

implementation of the White River 

Minimum Flows project. 

Assuming a January 1, 2011, date of 

implementation, Southwestern has 

made a draft determination that the 

present value of the estimated future 

lifetime replacement costs of the 

electrical energy and capacity at FERC 

Project No. 2221 is $21,363,700. 

Southwestern has made a draft 

determination that the present value of 

the estimated future lifetime 

replacement costs of the electrical 

energy and capacity for Federal 

hydropower is $41,584,800. 

DATES: The consultation and comment 

period will begin on the date of 

publication of this Federal Register 

notice and will end March 6, 2008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

George Robbins, Director, Division of 

Resources and Rates, Southwestern 

Power Administration, U.S. Department 

of Energy, One West Third Street, Tulsa, 

Oklahoma 74103, (918) 595–6680, 

george.robbins@swpa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

Originally established by Secretarial 

Order No. 1865 dated August 31, 1943, 

Southwestern is an agency within the 

U.S. Department of Energy which was 

created by an Act of the U.S. Congress, 

entitled the Department of Energy 

Organization Act, Pub. L. No. 95–91 

(1977). Southwestern markets power 

from 24 multi-purpose reservoir projects 

with hydroelectric power facilities 

constructed and operated by the U.S. 

Army Corps of Engineers. These projects 

are located in the states of Arkansas, 

Missouri, Oklahoma, and Texas. 

Southwestern’s marketing area includes 

these states plus Kansas and Louisiana. 

Southwestern developed projected 

energy and capacity losses for the Bull 

Shoals and Norfork projects and FERC 

Project No. 2221, including additional 

losses related to the reallocation for 

minimum flows as appropriate. 

Currently, the calculated credit due to 

Federal hydropower is $41,584,800, and 

the calculated compensation due to the 

licensee of FERC Project No. 2221 is 

$21,363,700. The values were calculated 

on the basis of the present value of the 

estimated future lifetime replacement 

cost of the electrical energy and capacity 

assuming an implementation date of 

January 1, 2011, for the White River 

Minimum Flows project. The final 

calculation will depend on the official 

date of implementation as specified by 

the Corps of Engineers and the value of 

the specified parameters in effect at that 

time. 

Section 132 of Public Law 109–103 

(2005) authorized alternative BS–3 at 

Bull Shoals, as described in the White 

River Minimum Flows Reallocation 

Study Report, Arkansas and Missouri, 

dated July 2004. Under the authorized 

plan for the Bull Shoals project, the 

storage for minimum flows will be 

reallocated from the flood control pool 

with provisions to maintain the current 

yield of the hydropower storage. The 

current seasonal pool plan will be 

superimposed on the new top of 

conservation pool. The additional 

downstream releases for minimum 

flows will be accomplished by 

generating with one of the main units at 

a low, inefficient rate. Since the current 

hydropower yield will be maintained, 

there will be no loss of marketable 

capacity or peaking energy at Bull 

Shoals. The annual energy loss, 23,855 

megawatt-hours (MWh) per year of offpeak energy, will be the result of making 

the required minimum downstream 

releases by generating energy at a much 

lower plant efficiency and at a time 

when the energy is not needed to fulfill 

Federal peaking energy contracts. 

Operating a main unit at the lower 

efficiency will also increase the average 

maintenance costs at the project by an 

estimated $68,000 per year. 

Section 132 of Public Law 109–103 

(2005) authorized alternative NF–7 at 

Norfork, as described in the White River 

Minimum Flows Reallocation Study 

Report, Arkansas and Missouri, dated 

July 2004. Under the authorized plan for 

the Norfork project, one-half of the 

storage for minimum flows will be 

reallocated from the flood control pool 

and the other half from hydropower 

storage. The reallocation portion from 

the flood control storage is similar to 

that at Bull Shoals in that the 

hydropower storage yield for that 

portion is maintained and the existing 

seasonal pool plan will be 

superimposed on the new top of 

conservation pool. However, the 

releases will be spilled through a siphon 

with no energy generated from the 

water. Although there is no marketable 

capacity loss associated with the flood 

control storage reallocation, there is an 

off-peak energy loss. The reallocation 

from the hydropower storage does 

reduce the yield available to 

hydropower and will directly impact 

the marketable capacity and on-peak 

energy available at Norfork. The annual 

energy loss at Norfork associated with 

the reallocation is 6,762 MWh of offpeak energy and 6,762 MWh of on-peak 

energy, for a total annual energy loss of 

13,524 MWh. The marketable capacity 

loss is 3.93 megawatts (MW). 

FERC Project No. 2221, the nonFederal hydroelectric project at 

Powersite Dam, will be directly affected 

by the minimum flow plan. The normal 

top of conservation pool will be raised 

five feet at Bull Shoals, the project 

immediately downstream of Powersite 

Dam. The pool level increase at Bull 

Shoals will reduce the amount of gross 

head (headwater elevation minus the 

tailwater elevation) available for 

generation at the non-Federal project at 

Powersite Dam. The reduction in gross 

head will result in an annual energy loss 

of 5,792 MWh of on-peak energy and 

2,853 MWh of off-peak energy, or an 

annual total energy loss of 8,645 MWh. 

Also associated with the loss of gross 

head, there will be a capacity loss of 

3.00 MW at the project. 

II. Procedural and Regulatory Review 

Requirements 

A. Review Under Executive Order 12866 

Southwestern has an exemption from 

centralized regulatory review under 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ 58 FR 51735, 

October 4, 1993. Accordingly, this 

notice of draft determination was not 

reviewed by OMB under the Executive 

Order. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires Federal 

agencies to perform a regulatory 

flexibility analysis if a final rule is likely 

to have a significant economic impact 

on a substantial number of small entities 

and there is a legal requirement to issue 

a general notice of proposed 

rulemaking. This draft determination is 

not a rulemaking. 

C. Review Under the Paperwork 

Reduction Act 

No new information or record keeping 

requirements are imposed by this draft 

determination. Accordingly, no OMB 


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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices 6719 

clearance is required under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

D. Review Under the National 

Environmental Policy Act of 1969 

In compliance with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321 et seq.); the 

Council on Environmental Quality 

Regulations for implementing NEPA (40 

CFR parts 1500–1508); and DOE NEPA 

Implementing Procedures and 

Guidelines (10 CFR part 1021), 

Southwestern has determined that this 

draft determination is not addressed 

under DOE NEPA Implementing 

Procedures and Guidelines for Power 

Marketing Administrations, and no 

further action is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism’’

(64 FR 43255, August 10, 1999), 

imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have federalism 

implications. Southwestern is not 

formulating or implementing policies or 

regulations that preempt State law or 

that have federalism implications. 

Executive Order 13132 does not apply. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3, (a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform’’ (61 FR 4729, February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Federal agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Federal agencies to 

determine whether the regulations meet 

the applicable standard in section 3(a) 

and section 3(b), or it is unreasonable to 

meet one or more of them. Southwestern 

is not reviewing existing regulations or 

promulgating new regulations. 

Executive Order 12988 does not apply. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4 

(1995)) requires each Federal agency to 

assess the effects of a Federal regulatory 

action on State, local, and tribal 

governments, and the private sector. 

Southwestern has determined that the 

Unfunded Mandates Reform Act of 1995 

does not apply to the draft 

determination. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 (112 Stat 2681–528) of the 

Treasury and General Government 

Appropriations Act, 1999 (Pub. L. 105–

277, (1998)) requires Federal agencies to 

issue a Family Policymaking 

Assessment for any rule that may affect 

family well-being. This draft 

determination is not a rule. Therefore, 

Section 654 (112 Stat 2681–528) of the 

Treasury and General Government 

Appropriations Act, 1999 (Pub. L. 105–

277, (1998)) does not apply. 

I. Review Under the Treasury and 

General Government Appropriations 

Act, 2001. 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3316 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

the Office of Management and Budget 

(OMB). OMB’s guidelines were 

published at 67 FR 8452 (February 22, 

2002), and DOE’s guidelines were 

published at 67 FR 62446 (October 7, 

2002). Southwestern has reviewed this 

notice under the OMB and DOE 

guidelines and has concluded that it is 

consistent with applicable policies in 

those guidelines. 

J. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), requires Federal agencies to 

prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as: (1) Any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule; (2) is a 

significant regulatory action under 

Executive Order 12866, or any successor 

order; and (3) is likely to have 

significant adverse effect on the supply, 

distribution, or use of energy, or is 

designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This draft determination is not an 

energy action. Executive Order 13211 

does not apply. 

III. Public Review and Comment 

Procedures 

Opportunity is presented for 

interested parties to receive copies of 

the Draft Report detailing 

Southwestern’s determination of the 

Federal and non-Federal hydropower 

impacts. If you desire a copy of the 

report, submit your request to Mr. 

George Robbins, Director, Division of 

Resources and Rates, Southwestern 

Power Administration, One West Third, 

Tulsa, OK 74103, (918) 595–6680. 

Written comments on Southwestern’s 

determination are due on or before 

March 6, 2008. Comments should be 

submitted to George Robbins, Director, 

Division of Resources and Rates, 

Southwestern, at the above-mentioned 

address for Southwestern’s offices. 

Southwestern will review and address 

the written comments, making any 

necessary changes to the draft 

determination. The Administrator will 

then submit the final determination to 

the Corps of Engineers. 

Dated: January 30, 2008. 

Jon Worthington, 

Administrator. 

[FR Doc. E8–2085 Filed 2–4–08; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R05–OAR–2007–0653; FRL–8525–4] 

Adequacy Status of the Metro-East St. 

Louis, IL, Submitted 8-Hour Ozone 

Attainment Demonstration and State 

Implementation Plan for 

Transportation Conformity Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 


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