[Federal Register: April 27, 2004 (Volume 69, Number 81)]
[Notices]
[Page 22789-22790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap04-51]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. JR02-1-000]
Puget Sound Hydro LLC; Notice Denying Late Intervention
April 20, 2004.
1. On June 12, 2003, the Commission issued a Notice of
Jurisdictional Review in Docket No. JR02-1-000 and Project No. 11857,
soliciting comments, protests, and motions to intervene with respect to
the unlicensed, non-operational Nooksack Falls Hydroelectric Project,
located on the North Fork of the Nooksack River in Whatcom County,
Washington. The notice established July 14, 2003, as the deadline for
filing comments, protests, and motions to intervene.
2. On March 15, 2004, American Rivers filed a motion for late
intervention in Project No. 11857. On March 31, 2004, Puget Sound Hydro
LLC filed an answer in opposition to the motion, which we reject as
late.\1\ On January 4, 2001, the Commission issued a preliminary permit
to Welcome Springs for the purpose of studying the feasibility of
filing a license application for the mothballed Nooksack Falls Project.
The Commission denied Welcome Springs' request for a stay of the
permit,\2\ which therefore expired on January 3, 2004, before American
Rivers' motion for late intervention. However, since the Docket No.
JR02-1-000 proceeding is still pending, American Rivers' motion will be
considered in that docket.
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\1\ 18 CFR 385.213(d) (2004) requires an answer to a motion to
be filed within 15 days; Puget Sound Hydro's answer was filed 16
days after the motion was filed.
\2\ 106 FERC ] 61,014 (2004). No rehearing requests were filed.
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3. American Rivers states that it missed the intervention deadline
of July 14, 2003, because it only became aware of the project after
that date. It states that it was not on the service list for the
project, and that it learned of the project through a newspaper article
in the Bellingham Herald on February 16, 2004.
4. A service list names only parties to a proceeding. 18 CFR
385.2010. Thus, to be placed on the service list one must file a motion
to intervene. 18 CFR 385.2010(e). A Commission notice issued on March
20, 2003, established a proceeding in Docket No. JR02-1-000 only
regarding the navigability of the North Fork Nooksack River at the
project site. While that notice did not invite motions to intervene,
Welcome Springs and American Whitewater filed such motions, which were
granted. Prior to issuance of the June 12, 2003 Notice of
Jurisdictional Review,\3\ there was no open proceeding in the permit
docket, Project No. 11857, and therefore no service list. Nor does
American Rivers' explanation that it did not learn of the project until
February 16, 2004, constitute good cause. See California Independent
System Operator Corp., 91 FERC ] 61,243 at 61,876 (2000) (that movants
did not learn of the intervention deadline in time to submit a timely
motion to intervene does not amount to good cause under 18 CFR
385.214(d)).
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\3\ The June 12, 2004 notice stated (at para. j) that anyone
wishing to be included on the Commission's mailing list for the
proceeding should so indicate by writing to the Secretary of the
Commission.
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5. American Rivers asserts that its interests are not adequately
represented by the current parties to the proceeding. First, its
statement of interests for the most part has to do with any future
licensing proceeding for the project, rather than to the sole subject
of the instant proceeding: Whether the project is required to be
licensed under Part I of the Federal Power Act. If the Commission
ultimately rules that the Noocksack Project is required to be licensed,
and if a license application is subsequently filed, American Rivers
will have the opportunity at that time to intervene in the licensing
proceeding. Second, American Rivers' broadly stated interests in
obtaining ``a balance between responsible hydropower projects and
healthy rivers'' can, even though not relevant to a jurisdiction case,
be expected to be well represented by the existing intervenors, which
are Welcome Springs, American Whitewater, Washington State
[[Page 22790]]
Department of Ecology, the U.S. Department of Agriculture (Forest
Service), and the Nooksack Indian Tribe.
American Rivers' late motion to intervene in this proceeding is
denied.
Magalie R. Salas,
Secretary.
[FR Doc. E4-923 Filed 4-26-04; 8:45 am]
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