[Federal Register: May 18, 2009 (Volume 74, Number 94)]
[Notices]
[Page 23179-23180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my09-34]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No: 2042-153]
Public Utility District No. 1 of Pend Oreille County, Washington;
Notice of Application for Amendment of License, and Soliciting Comments
and Motions To Intervene
May 11, 2009.
Take notice that the following application has been filed with the
Commission and is available for public inspection:
a. Application Type: Request for Amendment of License.
b. Project No: 2042-153.
c. Date Filed: March 24, 2009.
d. Applicant: Public Utility District No. 1 of Pend Oreille County,
Washington.
e. Name and Location of Project: The Box Canyon Hydroelectric
Project is located on the Pend Oreille River in northeastern Washington
and northwestern Idaho. The project occupies federal lands, including
acreage within the Colville National Forest and the Kalispel Indian
Reservation.
[[Page 23180]]
f. Filed Pursuant to: The application for amendment of license was
filed pursuant to 18 CFR 4.201.
g. Applicant Contacts: Mr. Mark Cauchy, Pend Oreille PUD, P.O. Box
190, 130 North Washington, Newport, WA 99156, (509) 447-9331, and Mr.
James B. Vasile, Davis Wright Tremaine LP, 1919 Pennsylvania Avenue,
NW., Suite 200, Washington, DC 20006, (202) 973-4262.
h. FERC Contact: Any questions on this notice should be addressed
to Mr. Mark Carter, (202) 502-6554 or mark.carter@ferc.gov, and Ms.
Holly Frank, (202) 502-6833 or holly.frank@ferc.gov.
i. Deadline for filing comments and motions: Comments on the
application for amendment of license are due within 30 days of the
issuance date of this notice.
All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
Please include the project number (P-2042-153) on any comments or
motions filed.
Comments may be filed electronically via the Internet in lieu of
paper. The Commission strongly encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.
j. Background and Description of Proposal: On July 11, 2005, the
Commission issued a new license for the continued operation of the Box
Canyon Project. On November 17, 2006, the Commission issued its order
on rehearing of the July 11 relicense order. The relicense order, as
amended by the order on rehearing, contains, in their entirety,
conditions submitted by the Department of the Interior (Interior) and
the U.S. Forest Service pursuant to section 4(e) of the Federal Power
Act (FPA) and the fish passage measures prescribed by Interior pursuant
to FPA section 18. On November 21, 2006, the Pend Oreille PUD
petitioned the Court of Appeals for the District of Columbia for review
of the Commission's July 2005 licensing order and its November 2006
order on rehearing, alleging the 4(e) conditions and section 18
prescriptions were not based on substantial evidence. In February 2007
the case was referred to mediation. The parties have settled the issues
and developed revised conditions and prescriptions as a result.
The revised section 4(e) conditions and section 18 prescriptions
are included as appendices A through D of the settlement agreement
filed with the application for amendment of license. Additional
provisions to be included in the license are set forth in appendix E.
The settlement agreement also requires Interior and the Forest Service
to file revised section 4(e) conditions that will replace certain
conditions set forth in the July 11, 2005 licensing order. On April 7
and 9, 2009, respectively, the Forest Service and Interior filed their
revised conditions and fishway prescriptions for the project. The Pend
Oreille PUD requests that the Commission amend the new license to
substitute the revised conditions and prescriptions submitted by the
Forest Service and Interior and the additional provisions set forth in
Appendix E to the settlement agreement. The Pend Oreille PUD also
requests that the Commission make conforming revisions to license
articles 401, 402 and 406 to reflect new schedules and other revisions
set forth in the revised conditions and prescriptions.
k. Locations of the Application: The settlement agreement and
application, Interior's revised section 4(e) and section 18 fishway
prescriptions and the Forest Service's revised section 4(e) terms and
conditions, are available for review at the Commission in the Public
Reference Room or may 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 documents. For assistance, contact FERC Online Support at
FERCOnlineSupport@ferc.gov or toll-free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item g above.
You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
Comments--Anyone may submit comments or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210 and 385.214. In determining the appropriate action to take,
the Commission will consider all comments and motions to intervene, 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
or motions to intervene must be received on or before the specified
comment date for the application.
Filing and Service of Responsive Documents--Any filings must bear
in all capital letters the title ``COMMENTS'' or ``MOTION TO
INTERVENE'', as applicable, and the Project Number of the particular
application to which the filing refers. Any of the above-named
documents must be filed by providing the original and the number of
copies provided by the Commission's regulations to: The 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.
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.
Kimberly D. Bose,
Secretary.
[FR Doc. E9-11464 Filed 5-15-09; 8:45 am]
BILLING CODE 6717-01-P