[Federal Register: September 16, 2004 (Volume 69, Number 179)]
[Notices]               
[Page 55812]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se04-50]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2114-120]

 
Progressive Hydro LLC, Complainant, v. Public Utility District 
No. 2 of Grant County, WA, Respondent; Notice of Complaint

September 10, 2004.
    Take notice that on September 1, 2004, Progressive Hydro LLC, 
pursuant to Rule 206 of the Rules of Practice and Procedure of the 
Federal Energy Regulatory Commission, 18 CFR 385.206 (2004), filed a 
Complaint against Public Utility District No. 2 of Grant County, 
Washington (Grant PUD), licensee for the Priest Rapids Hydroelectric 
Project, FERC Project No. 2114.
    Progressive Hydro alleges that Grant PUD violated the Commission's 
November 21, 2002, order directing Grant PUD ``to remove Section 8 from 
the Surplus Sales Contract and Section 7, clauses (d), (f), and (g) 
from the Reasonable Portion Contract.'' Progressive Hydro further 
alleges that after November 21, 2002, in power-sales negotiations with 
new potential purchaser or purchasers, Grant PUD insisted that the 
specified clauses be inserted in new power purchase contracts. 
Progressive Hydro also alleges that Grant PUD violated a separate 
requirement to remove the provisions when the Commission issued its 
Order Denying Rehearing on April 16, 2003. Progressive Hydro claims 
that as a result of these actions Grant PUD successfully prevented 
competition for the new license for the Priest Rapids Hydroelectric 
Project, for the deadline for filing competing applications for the new 
license was October 31, 2003.
    Progressive Hydro requests that the Commission find that, as a 
result of Grant PUD's conduct that the Commission must: (1) Refuse to 
issue a new license to Grant PUD; (2) declare that the Priest Rapids 
Project is an ``orphaned'' project; and (3) solicit applications for a 
new license from all interested entities except Grant PUD.
    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 Procedures (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. The Respondent's 
answer and all interventions, or protests must be filed on or before 
the comment date. The Respondent's answer, motions to intervene, and 
protests must be served on the Complainants.
    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 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 September 30, 2004.

Magalie R. Salas,
Secretary.
 [FR Doc. E4-2208 Filed 9-15-04; 8:45 am]

BILLING CODE 6717-01-P