[Federal Register: November 26, 2002 (Volume 67, Number 228)]
[Notices]               
[Page 70728-70729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no02-55]                         


-----------------------------------------------------------------------


DEPARTMENT OF ENERGY


Federal Energy Regulatory Commission


[Project No. 2165-015--Alabama]


 
Alabama Power Company, Black Warrior River Project; Notice of 
Proposed Revised Restricted Service List for a Programmatic Agreement 
for Managing Properties Included in or Eligible for Inclusion in the 
National Register of Historic Places


November 20, 2002.
    Rule 2010 of the Federal Energy Regulatory Commission's 
(Commission) Rules of Practice and Procedure provides that, to 
eliminate unnecessary expense or improve administrative efficiency, the 
Secretary may establish a restricted service list for a particular 
phase or issue in a proceeding. \1\ The restricted service list should 
contain the names of persons on the service list who, in the judgment 
of the decisional authority establishing the list, are active 
participants with respect to the phase or issue in the proceeding for 
which the list is established.
---------------------------------------------------------------------------


    \1\ 18 CFR Section 385.2010.
---------------------------------------------------------------------------


    The Commission staff is consulting with the Alabama State Historic 
Preservation Officer (hereinafter, SHPO) and the Advisory Council on 
Historic Preservation (hereinafter, Council) pursuant to the Council's 
regulations, 36 CFR part 800, implementing Section 106 of the National 
Historic Preservation Act, as amended, (16 U.S.C. Section 470 f), to 
prepare and execute a programmatic agreement for managing properties 
included in, or eligible for inclusion in, the National Register of 
Historic Places at Project No. 2165-015.
    The programmatic agreement, when executed by the Commission, the 
SHPO, and the Council, would satisfy the Commission's Section 106 
responsibilities for all individual undertakings carried out in 
accordance with the license until the license expires or is terminated 
(36 CFR 800.13[e]). The Commission's responsibilities pursuant to 
Section 106 for the Black Warrior River Project would be fulfilled 
through the programmatic agreement, which the Commission proposes to 
draft in consultation with Alabama Power Company, the licensee for 
Project No. 2165; the Mississippi Band of Choctaw Indians; the Jena 
Band of Choctaw Indians; the Chickasaw Nation, the Poarch Band of Creek 
Indians; the U. S. Forest Service; the U.S. Army Corp of Engineers; and 
the U.S. Bureau of Indian Affairs. The executed programmatic agreement 
would be incorporated into any Order issuing a license.
    For purposes of commenting on the programmatic agreement, we 
propose to add the following person to the restricted service list for 
the aforementioned project to represent the interests of the U.S. Army 
Corp of Engineers: Ernie Seckinger, CESAM-PD-EI, U.S. Army Corps of 
Engineers, Mobile District, P.O. Box 2288, Mobile, AL 36628-0001.
    Any person on the official service list for the above-captioned 
proceeding may request inclusion on the restricted service list, or may 
request that a restricted service list not be established,


[[Page 70729]]


by filing a motion to that effect within 15 days of this notice date. 
In a request for inclusion, please identify the reason(s) why there is 
an interest to be included. Also please identify any concerns about 
Historic Properties, including Traditional Cultural Properties. If 
Historic Properties are to be identified within the motion, please use 
a separate page, and label it NON-PUBLIC Information.
    An original and 8 copies of any such motion must be filed with 
Magalie R. Salas, the Secretary of the Commission (888 First Street, 
NE., Washington, DC 20426) and must be served on each person whose name 
appears on the official service list. If no such motions are filed, the 
restricted service list will be effective at the end of the 15 day 
period. Otherwise, a further notice will be issued ruling on any motion 
or motions filed within the 15 day period.


Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-30000 Filed 11-25-02; 8:45 am]

BILLING CODE 6717-01-P