Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests

Take notice that the following application has been filed with the Commission and is available for public inspection:

a. Application Type: Amendment of License.

b. Project No: 2146-102.

c. Date Filed: January 27, 2004.

d. Applicant: Alabama Power Company, Alabama.

e. Name of Project: Coosa River Project.

f. Location: The project is located on the Coosa River in Calhoun, St. Clair, and Etowah Counties, Alabama.

g. Filed Pursuant to: Federal Power Act, 18 CFR §§ 4.38(a)(4)(v).

h. Applicant Contact: Alan Peeples, Alabama Power Company, 600 North 18th Street, Birmingham, AL 35291-8180.

i. FERC Contact: Any questions on this notice should be addressed to Mr. Eric Gross at (202) 502-6213, or e-mail address: eric.gross@ferc.gov.

j. Deadline for filing comments and or motions: March 12, 2004.

k. Description of Request: The Alabama Power Company is requesting an extension of the temporary variance to the Neely Henry Dam rule curve approved in the Commission's February 26, 2001 Order. The revised rule curve allows Alabama Power to keep the reservoir elevation at 507 feet mean sea level (msl) from December 1 through March 1, two feet higher than allowed in Article 50 of the license. The February 26, 2001 Order allowed Alabama Power to operate under this revised rule curve for a trial period of three years, which will expire February 26, 2004. Alabama Power plans to include this revised rule curve in its application for a new license, and is seeking to extend the trial period, until the Commission issues a decision on their relicense application. The current license expires on July 31, 2007.

l. Locations of Applications: A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call toll-free 1-866-208-3676 or e-mail FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

n. 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.

o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.

p. 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.

q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at http://www.ferc.gov under the “e-Filing” link.