Brascan Power St. Lawrence River LLC, Erie Boulevard Hydropower L.P., Carr Street Generating Station, L.P., Brascan Power Piney & Deep Creek LLC, Great Lakes Holding America Co., BPC NY Holding Inc., Brascan Power New York Corp., Carr Street New York Holding Corp.; Notice of Filing, 60805-60806 [E5-5759]

Download as PDF Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices constituted under the bylaws being used by the SLA. Following the April 7 election, the complainants petitioned the SLA to conduct another election. On March 21, 2002, the SLA denied the complainants’ petition. Subsequently, complainants filed for a State evidentiary hearing on the matter that was held on May 30, 2002. Regarding the second part of the complaint, complainants alleged problems with the SLA’s administration of the Nevada vending facility program following an audit at the Hoover Dam by the State Legislative Counsel Bureau (LCB) on April 12, 2001. In particular, the complainants were upset with the audit report that indicated that high levels of set-aside payments were being assessed against the blind vendors. On July 28, 2001, the Committee comprised of the complainants voted to suspend set-aside payments to the SLA for July and August 2001. On October 4, 2001, the SLA, following State rules and regulations, issued to the complainants notices of noncompliance in making timely setaside payments. Dissatisfied with the noncompliance notices, the complainants requested a State evidentiary hearing that was held on March 29 and 30, 2002. On February 28, 2003, a hearing officer affirmed the SLA’s decision to deny complainants’ request for a new election. In that same decision, the hearing officer affirmed the SLA’s issuance of the noncompliance notices regarding complainants’ nonpayment of set-aside payments, but reversed the late payment penalties assessed by the SLA. Additionally, the hearing officer ruled that the Committee had actively participated in setting the set-aside payment schedule, but required the SLA to maintain adequate records to support the set-aside payments charged. The SLA adopted the hearing officer’s February 28 decision as final agency action, and complainants sought review of that decision by a Federal arbitration panel. Arbitration Panel Decision The issues heard by the panel were: (1) Whether the SLA abused its authority, violated the Act, implementing regulations, and the Nevada Administrative Code and the functions of the Committee in conducting a Committee election; (2) whether the complainants’ unilateral decision to withhold payment of setaside fees for the months of July and August 2001 violated the Act and/or applicable Nevada statutory law; (3) whether the SLA had the authority to VerDate Aug<31>2005 14:50 Oct 18, 2005 Jkt 208001 compel the complainants to repay the set-aside payments and/or to impose penalties on the complainants; and (4) whether the SLA was properly administering the vending facility program in accordance with the Act, implementing regulations, and State rules and regulations. After reviewing all of the records and hearing testimony of witnesses, the panel majority ruled concerning the election issue that the SLA acted in substantial compliance with the Act and regulations when it conducted the Committee election in April 2002. Concerning the withholding of setaside payments, the majority of the panel ruled that the complainants’ withholding of set-aside payments in July and August of 2001 was not in compliance with the Act or applicable provisions of the Nevada Administrative Code. Accordingly, the panel directed the complainants to repay the set-aside payments to the SLA but without penalty. Regarding the question of the SLA’s administration of the vending facility program, the majority of the panel ruled that the SLA’s actions were consistent with the Act. One panel member dissented. One panel member concurred with the majority opinion concerning the election of the Committee and complainants’ noncompliance with the Act and regulations in withholding setaside payments from the SLA, but dissented in part regarding the appropriate remedy, believing that the complaints should repay the set-aside fees with penalty. The views and opinions expressed by the panel do not necessarily represent the views and opinions of the U.S. Department of Education. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: http://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area at (202) 512–1530. Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/ index.html. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 60805 Dated: October 14, 2005. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 05–20930 Filed 10–18–05; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC06–2–000] Brascan Power St. Lawrence River LLC, Erie Boulevard Hydropower L.P., Carr Street Generating Station, L.P., Brascan Power Piney & Deep Creek LLC, Great Lakes Holding America Co., BPC NY Holding Inc., Brascan Power New York Corp., Carr Street New York Holding Corp.; Notice of Filing October 12, 2005. Take notice that on October 4, 2005, Brascan Power St. Lawrence River LLC, Erie Boulevard Hydropower, L.P., Carr Street Generating Station, L.P., Brascan Power Piney & Deep Creek LLC, Great Lakes Holding America Co., BPC NY Holding Inc., Brascan Power New York Corp., and Carr Street New York Holding Corp. (collectively, Applicants) submitted an application pursuant to section 203 of the Federal Power Act for authorization to complete a proposed intra-corporate reorganization. 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 E:\FR\FM\19OCN1.SGM 19OCN1 60806 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices [Docket No. RP06–13–000] 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 online 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, 2005. CenterPoint Energy Gas Transmission Company; Notice of Request for Waiver of Tariff Provision Magalie R. Salas, Secretary. [FR Doc. E5–5770 Filed 10–18–05; 8:45 am] October 12, 2005. BILLING CODE 6717–01–P 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 25, 2005. Magalie R. Salas, Secretary. [FR Doc. E5–5759 Filed 10–18–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Take notice that on October 7, 2005, CenterPoint Energy Gas Transmission Company (CEGT) tendered for filing with the Commission a Request for Waiver seeking the permission of the Commission to allow CEGT to waive section 14.2 of the general terms and conditions of its FERC Gas Tariff which requires CEGT to provide prior notice of termination to non-creditworthy Shippers. CEGT states that the Shipper in question is no longer doing business, and to provide such notice would be futile. CEGT requested expedited treatment of its request for waiver. 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 on or before the date as indicated below. 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. VerDate Aug<31>2005 14:50 Oct 18, 2005 Jkt 208001 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 online 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 19, 2005. DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Magalie R. Salas, Secretary. [FR Doc. E5–5754 Filed 10–18–05; 8:45 am] BILLING CODE 6717–01–P [Docket No. RP06–9–000] DEPARTMENT OF ENERGY Colorado Interstate Gas Company; Notice of Operational Purchases/Sales; Annual Report Federal Energy Regulatory Commission October 12, 2005. [Docket No. EC06–1–000] Take notice that on October 6, 2005, Colorado Interstate Gas Company tendered for filing its annual report of operational purchases and sales in accordance with section 37.3 of the general terms and conditions of its FERC Gas Tariff, First Revised Volume No. 1. 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 on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Coral Power, L.L.C; Constellation Energy Commodities Group, Inc.; Notice of Filing PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 October 12, 2005. Take notice that on October 3, 2005, Coral Power, L.L.C. (Coral Power) and Constellation Energy Commodities Group, Inc. (CCG) (collectively, Applicants) filed an application under section 203 of the Federal Power Act requesting Commission authorization for the transfer of a full requirements service contract with Baltimore Gas and Electric Company from Coral Power to CCG. Applicants state that they are power marketers with market-based rate tariffs on file with the Commission. Applicants have requested confidential treatment of the contents of Exhibit G and Exhibit I to the section 203 application. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Pages 60805-60806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5759]


=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC06-2-000]


Brascan Power St. Lawrence River LLC, Erie Boulevard Hydropower 
L.P., Carr Street Generating Station, L.P., Brascan Power Piney & Deep 
Creek LLC, Great Lakes Holding America Co., BPC NY Holding Inc., 
Brascan Power New York Corp., Carr Street New York Holding Corp.; 
Notice of Filing

October 12, 2005.
    Take notice that on October 4, 2005, Brascan Power St. Lawrence 
River LLC, Erie Boulevard Hydropower, L.P., Carr Street Generating 
Station, L.P., Brascan Power Piney & Deep Creek LLC, Great Lakes 
Holding America Co., BPC NY Holding Inc., Brascan Power New York Corp., 
and Carr Street New York Holding Corp. (collectively, Applicants) 
submitted an application pursuant to section 203 of the Federal Power 
Act for authorization to complete a proposed intra-corporate 
reorganization.
    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

[[Page 60806]]

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 25, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5759 Filed 10-18-05; 8:45 am]
BILLING CODE 6717-01-P