[Federal Register: August 19, 2004 (Volume 69, Number 160)]
[Notices]
[Page 51457-51458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au04-50]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2016-073]
City of Tacoma, Washington; Notice Rejecting Request for
Rehearing
August 11, 2004.
On June 10, 2004, the Director, Division of Hydropower
Administration and Compliance, issued an order approving a public
information management plan filed by Tacoma Power pursuant to Article
405 of the license for the Cowlitz River Hydroelectric Project No.
2016.\1\ On July 13, 2004, Friends of the Cowlitz and CPR-Fish filed a
request for rehearing of that order.
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\1\ 107 FERC ]62,225 (2004).
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Pursuant to Section 313(a) of the Federal Power Act, 16 U.S.C.
8251(a), a request for rehearing may be filed only by a party
(intervenor) to the proceeding. With regard to a licensee's post-
licensing compliance filings, the Commission entertains motions to
intervene only where the filing entails a material change in the plan
of project development or terms of the license;
[[Page 51458]]
would adversely affect the rights of a property holder in a manner not
contemplated by the license; or involves an appeal by an agency or
entity specifically given a consultation role by the license article
pursuant to which the compliance filing is made.\2\ None of these
circumstances was present here,\3\ and accordingly the Commission did
not issue notice of, or entertain non-consulted entities' intervention
motions concerning, Tacoma Power's Article 405 compliance filing.\4\ In
light of this, the rehearing request filed by Friends of the Cowlitz
and CPR-Fish is rejected.
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\2\ Kings River Conservation District, 36 FERC ]61,365 (1986).
In addition, intervention in a relicensing proceeding does not carry
over into post-licensing proceedings. See Pacific Gas and Electric
Company, 40 FERC ]61,035 (1987).
\3\ Article 405 gave neither of these entities a consultation
role. See 98 FERC ]61,274 at 62,110 (2002).
\4\ Even if their rehearing requests would have been
entertained, Friends of the Cowlitz and CPR-Fish did not move to
intervene in this proceeding.
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This notice constitutes final agency action. Request for rehearing
by the Commission of this rejection notice must be filed within 30 days
of the date of issuance of this notice, pursuant to 18 CFR 385.713
(2004).
Magalie R. Salas,
Secretary.
[FR Doc. E4-1837 Filed 8-18-04; 8:45 am]
BILLING CODE 6717-01-P