23454
Federal
Register
/
Vol.
68,
No.
85
/
Friday,
May
2,
2003
/
Notices
on
equity
of
14
percent,
cost
of
capital
(
NRG
proposes
9.05
percent
cost
of
credit),
accumulated
deferred
income
taxes,
depreciation
(
NRG
uses
6.6
years
to
calculate
accumulated
depreciation),
net
negative
salvage
value
(
NRG
has
increased
its
depreciation
base
by
$
92,420,000),
operations
and
maintenance
expenses,
interconnection
rights,
and
recovery
of
an
acquisition
premium.

Commission
Response
52.
Applicants
filed
proposed
rates
to
recover
the
costs
of
all
subject
generating
units
in
each
power
plant,
i.
e.,
separate
rates
for
Devon,
Middletown,
Montville,
and
Norwalk.
Under
this
approach
all
of
the
units
under
each
RMR
Agreement
would
have
received
the
same
rate
regardless
of
which
unit(
s)
run
at
the
plant.
The
rejection
of
the
agreements
and
the
Commission's
changes
to
the
mitigation
rules
discussed
above
renders
as
moot
the
cost­
of­
service
analysis
for
the
original
intended
purpose
of
developing
specified
rates
for
the
recovery
of
fixed
and
variable
costs
of
each
plant.
Under
the
Commission's
directive,
a
Peaking
Unit
Safe
Harbor
bid
ceiling
with
a
fixed
cost
adder
will
need
to
be
developed
for
each
unit
or
plant
to
replace
the
CT
Proxy
for
these
peaking
units
based
on
the
amount
of
generation
produced
during
the
previous
year,
i.
e.
2002.
The
cost­
of­
service
analyses
filed
by
the
Applicants
will
therefore
need
to
serve
as
the
basis
for
the
determination
of
the
Peaking
Unit
Safe
Harbor.
53.
Interveners
have
raised
several
issues
regarding
the
cost­
of­
service
analysis
including
rate
of
return,
depreciation
rates,
and
accumulated
deferred
income
taxes
(
ADIT).
In
addition,
the
Commission
performed
a
cost­
of­
service
analysis
for
each
Agreement
based
on
the
information
provided
in
the
filing.
The
Commission
identified
several
cost­
of­
service
items
that
were
not
fully
supported
by
the
Applicants
in
their
filing
and
made
adjustments
as
follows:
A
return
on
equity
of
13.39%
(
based
on
Commission
Staff's
preliminary
analysis),
the
addition
of
ADIT,
and
the
elimination
of
net
negative
salvage
and
associated
depreciation
expenses.
The
Commission's
analysis
supports
fixed
charges
of:
$
21,154,792
for
the
Devon
units;
$
17,687,684
for
the
Norwalk
Harbor
units;
$
19,327,732
for
the
Montville
units;
and
$
45,262,975
for
the
Middletown
units.
These
values,
subject
to
adjustment
for
all
revenues
received
from
other
sources,
are
to
be
used
to
develop
fixed
cost
adder
and
the
initial
Peaking
Unit
Safe
Harbor
bid
ceilings
for
these
units.
54.
Issues
that
are
driving
how
the
Commission
will
deal
with
the
filed
costs­
of­
service
include:
The
need
for
intervenors
to
comment;
the
need
for
the
Peaking
Unit
Safe
Harbor
to
be
implemented
in
short
order;
and
the
inability
to
order
refunds
because
of
the
interaction
between
Peaking
Unit
Safe
Harbor
and
the
market
price
of
electricity.
The
safe
harbor
bids
by
definition
are
approximations;
and
therefore,
the
Commission
will
provide
an
avenue
for
intervenors
to
comment
in
order
to
accommodate
the
above
driving
factors.
The
Commission
will
allow
the
costs­
of­
service
with
the
adjustments
discussed
above
to
serve
as
the
basis
for
developing
initial
Peaking
Unit
Safe
Harbor
to
be
placed
into
effect
with
the
market
mitigation
measures
described
above.
We
will
allow
parties
to
comment
specifically
about
the
costs­
ofservice
as
they
pertain
to
the
development
of
the
Peaking
Unit
Safe
Harbor
bid
levels
as
well
as
to
allow
the
Applicants
to
comment
on
and
to
support
the
items
that
the
Commission
adjusted
in
developing
the
above
fixed
charges
within
30
days.
The
Commission
will
set
an
expedited
timetable
for
the
resolution
of
any
issues.
Changes
to
the
costs­
of­
service
resulting
from
this
process
will
be
reflected
in
recalculated
reference
prices
that
will
go
into
effect
on
a
going
forward
basis
from
the
date
of
an
order
that
establishes
revised
Peaking
Unit
Safe
Harbor
levels.
The
Commission
orders:
(
A)
The
proposed
agreements
are
hereby
accepted
for
filing,
as
revised
as
directed
in
ordering
paragraph
B
below,
suspended
to
become
effective
February
27,
2003,
subject
to
refund
and
the
escrow
arrangements
consistent
with
the
March
25
Order.
(
B)
Applicants
are
hereby
directed
to
file
revised
agreements
within
30
days
of
the
date
of
this
order,
that
provide
only
for
the
recovery
of
costs
related
to
the
Reliability
Projects
as
discussed
in
the
body
of
this
order.
(
C)
ISO
 
NE
is
hereby
directed
on
or
before
May
30,
2003,
to
make
a
compliance
filing
to
revise
the
Proxy
CT
mitigation
measures
contained
in
Market
Rule
1
and
to
develop
Peaking
Unit
Safe
Harbor
bid
ceilings
as
discussed
in
the
body
of
this
order.
(
D)
ISO
 
NE
and
NEPOOL
are
directed
to
file
revised
ICAP
rules
no
later
than
March
1,
2004,
as
discussed
in
the
body
of
this
order.
(
E)
The
Secretary
is
hereby
directed
to
publish
a
copy
of
the
order
in
the
Federal
Register.
By
the
Commission.
Magalie
R.
Salas,
Secretary.
[
FR
Doc.
03
 
10816
Filed
5
 
1
 
03;
8:
45
am]

BILLING
CODE
6717
 
01
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPPT
 
2002
 
0048;
FRL
 
7492
 
4]

Agency
Information
Collection
Activities;
Submission
of
EPA
ICR
No.
0795.11
(
OMB
No.
2070
 
0030)
to
OMB
for
Review
and
Approval;
Comment
Request
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.),
this
document
announces
that
the
following
Information
Collection
Request
(
ICR)
has
been
forwarded
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
and
approval:
Notification
of
Chemical
Exports
 
TSCA
Section
12(
b)
(
EPA
ICR
No.
0795.11;
OMB
Control
No.
2070
 
0030).
The
ICR,
which
is
abstracted
below,
describes
the
nature
of
the
information
collection
and
its
estimated
cost
and
burden.
On
August
19,
2002
(
67
FR
53792),
EPA
sought
comments
on
this
ICR
pursuant
to
5
CFR
1320.8(
d).
EPA
received
comments
from
Kokopelli
Chemists,
Inc.;
the
Proctor
&
Gamble
Co.;
the
Color
Pigments
Manufacturers
Association,
Inc.;
and
the
American
Chemistry
Council,
which
are
addressed
as
an
attachment
to
the
ICR.
DATES:
Additional
comments
may
be
submitted
on
or
before
June
2,
2003.
ADDRESSES:
Submit
your
comments,
identified
by
docket
ID
number
OPPT
 
2002
 
0048,
to
both
(
1)
EPA
online
at
http://
www.
epa.
gov/
edocket
(
our
preferred
method)
or
by
mail
to:
EPA
Docket
Center,
Environmental
Protection
Agency,
Mailcode:
7407T,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
and
(
2)
OMB
at:
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget
(
OMB),
Attention:
Desk
Officer
for
EPA,
725
17th
Street,
NW.,
Washington,
DC
20503.

FOR
FURTHER
INFORMATION
CONTACT:
Barbara
Cunningham,
Director,
Environmental
Assistance
Division,
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
Mailcode:
7408,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
202
 
554
 
VerDate
Jan<
31>
2003
15:
12
May
01,
2003
Jkt
200001
PO
00000
Frm
00016
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
02MYN1.
SGM
02MYN1
RECEIVED
OPPT
NCIC
2003
MAY­
2
8:
24AM
OPPT­
2002­
0048­
0009
23455
Federal
Register
/
Vol.
68,
No.
85
/
Friday,
May
2,
2003
/
Notices
1404;
e­
mail
address:
TSCA
 
Hotline@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
EPA
has
submitted
the
following
ICR
to
OMB
for
review
and
approval
according
to
the
procedures
prescribed
in
5
CFR
1320.12.
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OPPT
 
2002
 
0048,
which
is
available
for
public
viewing
at
the
OPPT
Docket
in
the
EPA
Docket
Center,
EPA
West
Building
Basement
Room
B102,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
Center
is
open
from
8
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566
 
1744.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
docket
ID
number
identified
above.
Any
comments
related
to
this
ICR
should
be
submitted
to
EPA
and
OMB
within
30
days
of
this
notice.
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EDOCKET
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
public
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EDOCKET.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Although
identified
as
an
item
in
the
official
docket,
information
claimed
as
CBI,
or
whose
disclosure
is
otherwise
restricted
by
statute,
is
not
included
in
the
official
public
docket,
and
will
not
be
available
for
public
viewing
in
EDOCKET.
Title:
Notification
of
Chemical
Exports
 
TSCA
Section
12(
b)
(
EPA
ICR
No.
0795.11;
OMB
Control
No.
2070
 
0030).
This
is
a
request
to
renew
an
approved
collection
that
is
scheduled
to
expire
on
April
30,
2003.
Under
the
OMB
regulations,
the
Agency
may
continue
to
conduct
or
sponsor
the
collection
of
information
while
this
submission
is
pending
at
OMB.
Abstract:
Section
12(
b)(
2)
of
the
Toxic
Substances
Control
Act
(
TSCA)
requires
that
any
person
who
exports
or
intends
to
export
to
a
foreign
country
a
chemical
substance
or
mixture
that
is
regulated
under
TSCA
sections
4,
5,
6
and/
or
7
submit
to
EPA
notification
of
such
export
or
intent
to
export.
Upon
receipt
of
notification,
EPA
will
advise
the
government
of
the
importing
country
of
the
U.
S.
regulatory
action
with
respect
to
that
substance.
EPA
uses
the
information
obtained
from
the
submitter
via
this
collection
to
advise
the
government
of
the
importing
country.
Responses
to
the
collection
of
information
are
mandatory
(
see
40
CFR
part
707).
Respondents
may
claim
all
or
part
of
a
document
confidential.
EPA
will
disclose
information
that
is
covered
by
a
claim
of
confidentiality
only
to
the
extent
permitted
by,
and
in
accordance
with,
the
procedures
in
TSCA
section
14
and
40
CFR
part
2.
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,
unless
that
collection
is
specifically
mandated
by
statute.
The
OMB
control
numbers
for
EPA's
regulations
in
Title
40
are
listed
in
40
CFR
part
9,
and
are
identified
on
the
form
and/
or
instrument,
if
applicable.
Burden
Statement:
The
annual
public
reporting
burden
for
this
collection
of
information
is
estimated
to
be
about
one
hour
per
response.
Under
the
PRA,
burden
means
the
total
time,
effort
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install
and
utilize
technology
and
systems
for
the
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
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
Respondents/
Affected
Entities:
Companies
that
export
from
the
United
States
to
foreign
countries,
or
that
engage
in
wholesale
sales
of,
chemical
substances
or
mixtures.
Frequency
of
Collection:
On
occasion,
either
once
or
annually.
Estimated
No.
of
Respondents:
500.
Estimated
Total
Annual
Burden
on
Respondents:
7,450
hours.
Estimated
Total
Annual
Costs:
$
452,055.
Changes
in
Burden
Estimates:
There
is
a
decrease
of
2,950
hours
(
from
10,400
hours
to
7,450
hours)
in
the
total
estimated
respondent
burden
compared
with
that
identified
in
the
information
collection
request
most
recently
approved
by
OMB.
This
change
reflects
EPA's
experience
over
the
past
three
years,
in
which
there
has
been
an
increase
in
the
number
of
reporting
firms
but
a
decrease
in
the
number
of
notices
per
firm
than
anticipated
at
the
time
of
the
last
approval
of
this
information
collection.
The
net
result
is
a
decrease
in
burden
hours
(
adjustment).

Dated:
April
23,
2003.
Richard
T.
Westlund,
Acting
Director,
Collection
Strategies
Division.
[
FR
Doc.
03
 
10895
Filed
5
 
1
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPPT
 
2002
 
0035;
FRL
 
7492
 
3]

Agency
Information
Collection
Activities;
Submission
of
EPA
ICR
No.
0794.10
(
OMB
No.
2070
 
0046)
to
OMB
for
Review
and
Approval;
Comment
Request
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.),
this
document
announces
that
the
following
Information
Collection
Request
(
ICR)
has
been
forwarded
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
and
approval:
Notification
of
Substantial
Risk
of
Injury
to
Health
and
the
Environment
under
TSCA
Section
8(
e)
(
EPA
ICR
No.
0794.10;
OMB
Control
No.
2070
 
0046).
The
ICR,
which
is
abstracted
below,
describes
the
nature
of
the
information
collection
and
its
estimated
burden
and
cost.
On
August
22,
2002
(
67
FR
54416),
EPA
sought
comments
on
this
ICR
pursuant
to
5
CFR
1320.8(
d).
EPA
received
two
comments,
and
addressed
the
comments
received
as
an
attachment
to
the
ICR.
DATES:
Additional
comments
may
be
submitted
on
or
before
June
2,
2003.
ADDRESSES:
Submit
your
comments,
identified
by
docket
ID
number
OPPT
 
2002
 
0035,
to
both
(
1)
EPA
online
at
http://
www.
epa.
gov/
edocket
(
our
preferred
method)
or
by
mail
to:
EPA
Docket
Center,
Environmental
Protection
Agency,
Mailcode:
7407T,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
and
(
2)
OMB
at:
Office
of
Information
and
Regulatory
VerDate
Jan<
31>
2003
15:
12
May
01,
2003
Jkt
200001
PO
00000
Frm
00017
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
02MYN1.
SGM
02MYN1
