```

[Federal Register Volume 74, Number 21 (Tuesday, February 3, 2009)]
[Notices]
[Pages 5929-5930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2218]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 460-033]

City of Tacoma, WA; Notice of Settlement Agreement and Soliciting 
Comments

January 27, 2009.
    Take notice that the following settlement agreement has been filed 
with the Commission and is available for public inspection.
    a. Type of Application: Settlement Agreement.
    b. Project No.: 460-033.
    c. Date Filed: January 21, 2009.
    d. Applicant: City of Tacoma, Washington (Tacoma).
    e. Name of Project: Cushman Hydroelectric Project.
    f. Location: Located on the North Fork of the Skokomish River, in 
Mason County, Washington, in part on federal lands in the Olympic 
National Forest and the Skokomish Indian Tribe Reservation.
    g. Filed Pursuant to: Rule 602 of the Commission's Rules of 
Practice and Procedure, 18 CFR 385.602.
    h. Applicant Contact: Mr. Michael A. Swiger, Counsel to the City of 
Tacoma, Washington, Van Ness Feldman, 1050 Thomas Jefferson Street, 
NW., Washington, DC 20007-3877; Telephone (202) 298-1800; e-mail_
[email protected].
    i. FERC Contact: Allan Creamer at (202) 502-8365, or by e-mail at 
ferc.gov">allan.creamer@ferc.gov.
    j. Deadline for Filing Comments: The deadline for filing comments 
on the Settlement Agreement is 30 days from the date of this notice 
(February 26, 2009). The deadline for filing reply comments is 45 days 
from the date of this notice (March 13, 2009). 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.
    The Commission's Rules of Practice require all participants filing 
documents with the Commission to serve a copy of that document on each 
person on the official service list for the project. Further, if a 
participant files comments or documents with the Commission relating to 
the merits of an issue that may affect the responsibilities of a 
particular resource agency, they must also serve a copy of the document 
on that resource agency.
    Comments may be filed electronically via the Internet in lieu of 
paper. See 18 CFR 385.2001(a)(1)(iii) and the

[[Page 5930]]

instructions of the Commission's Web site (http://www.ferc.gov) under 
the ``e-filing'' link.
    k. On behalf of itself, the Skokomish Indian Tribe, and six state 
and federal agencies, Tacoma filed a comprehensive settlement agreement 
(Agreement), along with a Joint Explanatory Statement (JES) for the 
Cushman Project. The purpose of the Agreement is to resolve, among the 
signatories, outstanding issues associated with the project, including, 
but not limited to, those associated with the DC Circuit Court of 
Appeals' remand of the Commission's July 30, 1998 Order Issuing 
Subsequent Major License. As detailed in the JES, the Agreement and 
proposed license articles provide specific measures for each of the 
license obligations set forth in the 1998 Order. The major issues 
addressed in the Agreement relate to: (1) Project operations (e.g., 
flows in the North Fork, channel maintenance flows, lake levels, 
ramping rates, etc.); (2) salmon and steelhead restoration activities 
(e.g, fish passage, hatchery and stocking program, habitat 
enhancements, etc.); (3) estuarine habitat enhancement; (4) wildlife 
habitat enhancement (e.g., land acquisition); (5) flooding on the North 
Fork and mainstem Skokomish River; (6) shoreline management and 
recreation access; and (7) adaptive management.
    The filing includes a draft of Tacoma's license amendment to 
construct a new powerhouse at the base of Dam No. 2. Tacoma states that 
the full amendment will be filed separately, and requests that the 
Commission process the amendment contemporaneously with the Agreement. 
Tacoma also requests that the Commission schedule a technical 
conference to discuss any questions concerning the Agreement. The 
Commission will address the request for a technical conference after 
reviewing the comments received on the Agreement, and will institute a 
proceeding on the amendment application after it is filed.
    Tacoma requests that the Commission: (1) Act expeditiously to 
approve the Agreement without modification; (2) extend the license term 
to June 30, 2048 (or 50 years from license issuance); and (3) approve 
the license amendment for the new North Fork powerhouse.
    l. A copy of the Settlement Agreement is 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 ``e-Library'' 
link. Enter the docket number, excluding the last three digits in the 
docket number field to access the document. For assistance, contact 
FERC Online Support at ferc.gov">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 h above.
    Register online at http://www.ferc.gov/esubscribenow.htm to be 
notified via e-mail of new filings and issuances related to this or 
other pending projects. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-2218 Filed 2-2-09; 8:45 am]
BILLING CODE 6717-01-P
```