[Federal Register Volume 65, Number 94 (Monday, May 15, 2000)]
[Notices]
[Pages 30983-30984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12082]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Settlement, Transfer, and Amendment of License and 
Soliciting Comments, Motions to Intervene, and Protests

May 9, 2000.
    Take notice that the following application has been filed with the

[[Page 30984]]

Commission and is available for public inspection:
    a. Application Type: Request for Approval of Settlement, Partial 
Transfer of License, and Amendment of License.
    b. Project No: 2030-032.
    c. Date Filed: April 20, 2000.
    d. Applicants: Portland General Electric Company (PGE) and the 
Confederated Tribes of the Warm Springs Reservation of Oregon (Tribes).
    e. Name and Location of Project: The Pelton--Round Butte 
Hydroelectric Project is on the Deschutes River in Jefferson County, 
Oregon, The project occupies Tribal lands within the Warm Springs 
Indian Reservation.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contacts: Mr. A.W. Turner, Assistant General Counsel, 
Portland General Electric Company, One World Trade Center, 121 SW 
Salmon Street, Suite 1301, Portland, OR 97304, (503) 464-8926 and Mr. 
James D. Noteboom, Karnopp, Petersen, Noteboom, Hansen, Arnet & Sayeg, 
L.L.P., 1201 NW Wall Street, Suite 300, Bend, OR 97701, (541) 382-3011.
    h. FERC Contact: Any questions on this notice should be addressed 
to James Hunter at (202) 219-2839.
    i. Deadline for filing comments and or motions: July 17, 2000.
    All documents (original and eight copies) should be filed with: 
David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426.
    Please include the project number (P-2030-032) on any comments or 
motions filed.
    j. Description of Proposal: The application is aimed at resolving 
long-standing issues between PGE and the Tribes, including establishing 
compensation to the Tribes pursuant to Section 10(e) of the Federal 
Power Act (FPA), and obviating their filing of competing relicensing 
applications for the project. The application requests that the 
Commission approve the parties' ``Global Agreement,'' which includes 
compensation to be paid to the Tribes under the parties' ``Compensation 
Agreement.'' Specifically, the application requests that the 
Commission:
    <bullet> Approve the compensation to be paid to the Tribes pursuant 
to the Compensation Agreement;
    <bullet> Determine that this compensation shall be the exclusive 
means of satisfying PGE's obligations to the Tribes pursuant to FPA 
section 10(e) for the full term of any new license for Project No. 
2030;
    <bullet> Waive the Commission's authority to re-establish 
compensation at ten (10) year intervals pursuant to FPA section 10(e);
    <bullet> Approve the future transfer to PGE interests in Project 
No. 2030 to the Tribes pursuant to the Compensation Agreement;
    <bullet> Amend paragraph (iii) of Article 25 of the Project 
license, effective upon the transfer of a 33.33 percent interest in the 
Project from PGE to the Tribes, to provide that all compensation for 
use of Tribal lands shall be governed by the Global Agreement; and
    <bullet> Approve, pursuant to FPA section 8, the partial transfer 
of the license for Project No. 2030 by deleting paragraph (A) of the 
license, which made PGE and the Tribes co-licensees ``to the extent of 
their interests'' in project property, and replace it with a statement 
that PGE and the Tribes are ``co-licensees without limitations.''
    PGE filed a companion Application for Authority to Sell 
Jurisdictional Facilities pursuant to FPA section 203. Public notice of 
that application, assigned Docket No. EC00-80-000, was issued on April 
27, 2000.
    The transfer application was filed within five years of expiration 
of the license, which is the subject of competing pending relicense 
applications for Project Nos. 2030-031 and 11832-000. In Hydroelectric 
Relicensing Regulations Under the Federal Power Act (54 Fed. Reg. 
23,756; FERC Stats. and Regs., Regs. Preambles 1986-1990 30,854 at p. 
31,437), the Commission declined to forbid all license transfers during 
the last five years of existing license, and instead indicated that it 
would scrutinize all such transfer requests to determine if the 
transfer's primary purpose was to give the transferee an advantage in 
relicensing (id. at p. 31,438 n. 318).
    k. Locations of the application: A copy of the application is 
available for inspection and reproduction at the Commission's Public 
Reference Room, located at 888 First Street, NE, Room 2A, Washington, 
DC 20426, or by calling (20) 208-1371. The application may be viewed on 
the web at www.ferc.fed.us/online/rims.htm (Call (202) 208-2222 for 
assistance). A copy is also available for inspection and reproduction 
at the addresses in item g above.
    l. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    Comments, Protests, or Motions to Intervene--Anyone may submit 
comments, a protest, or a motion to intervene in accordance with the 
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, 
.214. In determining the appropriate action to take, the Commission 
will consider all protests or other comments filed, 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, protests, or 
motions to intervene must be received on or before the specified 
comment date for the particular application.
    Filing and Service of Responsive Documents--Any filings must bear 
in all capital letters and title ``COMMENTS'', ``RECOMMENDATIONS FOR 
TERMS AND CONDITIONS'', ``PROTEST'', 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, N.E., Washington, D.C. 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.

David P. Boergers,
Secretary.
[FR Doc. 00-12082 Filed 5-12-00; 8:45 am]
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