30984 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Notices

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 longstanding 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:

• Approve the compensation to be

paid to the Tribes pursuant to the

Compensation Agreement;

• 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;

• Waive the Commission’s authority

to re-establish compensation at ten (10)

year intervals pursuant to FPA section

10(e);

• Approve the future transfer to PGE

interests in Project No. 2030 to the

Tribes pursuant to the Compensation

Agreement;

• 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

• 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]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

Notice of Application Accepted for

Filing and Soliciting Motions To

Intervene, Protests, and Comments

May 9, 2000.

Take notice that the following

hydroelectric application has been filed

with the Commission and is available

for public inspection:

a. Type of Application: Preliminary

Permit.

b. Project No.: 11837–000.

c. Date filed: April 11, 2000.

d. Applicant: Universal Electric

Power Corporation.

e. Name of Project: Allegheny L&D#3

Project.

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Notices 30985

f. Location: On the Allegheny River in

Allegheny County, Pennsylvania.

Would utilize the U.S. Army Corps of

Engineer’s Allegheny L&D#3.

g. Filed Pursuant to: Federal Power

Act, 16 U.S.C. 791(a)–825(r).

h. Applicant Contact: Gregory S.

Feltenberger, Universal Electric Power

Corporation, 1145 Highbrook Street,

Akron, OH 44302, (330) 535–7115.

i. FERC Contact: Robert Bell, 202–

219–2806.

j. Deadline for filing motions to

intervene, protests and comments: 60

days from the issuance date of this

notice.

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.

The Commission’s Rules of Practice

and Procedure require all interveners

filing documents with the Commission

to serve a copy of that document on

each person in the official service list

for the project. Further, if an intervener

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 egency.

k. The proposed project utilizing the

existing U.S. Army Corps of Engineers’

Allegheny L&D#3 would consist of: (1)

A proposed intake; (2) ten proposed 60-

foot-long, 72-inch diameter steel

penstocks; (3) a proposed powerhouse

containing generating units having a

total installed capacity of 10 MW; (4) a

proposed Tailrace; (5) a proposed 1-mile

long, 14.7 kV transmission line; and (6)

appurtenant facilities.

The project would have an annual

generation of 61 GWh and project power

would be sold to a local utility.

l. 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 (202) 208–1371.

The application may be viewed on

http://www.ferc.fed.us/online/rims.htm

(call (202) 208–2222 for assistance). A

copy is also available for inspection and

reproduction at the address in item h

above.

Preliminary Permit—Anyone desiring

to file a competing application for

preliminary permit for a proposed

project must submit the competing

application itself, or a notice of intent to

file such an application, to the

Commission on or before the specified

comment date for the particular

application (see 18 CFR 4.36).

Submission of a timely notice of intent

allows an interested person to file the

competing preliminary permit

application no later than 30 days after

the specified comment date for the

particular application. A competing

preliminary permit application must

conform with 18 CFR 4.30(b) and 4.36.

Preliminary Permit—Any qualified

development application desiring to file

a competing development application

must submit to the Commission, on or

before a specified comment date for the

particular application, either a

competing development application or a

notice of intent to file such an

application. Submission of a timely

notice of intent to file a development

application allows an interested person

to file the competing application no

later than 120 days after the specified

comment date for the particular

application. A competing license

application must conform with 18 CFR

4.30(b) and 4.36.

Notice of intent—A notice of intent

must specify the exact name, business

address, and telephone number of the

prospective applicant, and must include

an unequivocal statement of intent to

submit, if such an application may be

filed, either a preliminary permit

application or a development

application (specify which type of

application). A notice of intent must be

served on the applicant(s) named in this

public notice.

Proposed Scope of Studies Under

Permit—A preliminary permit, if issued,

does not authorize construction. The

term of the proposed preliminary permit

would be 36 months. The work

proposed under the preliminary permit

would include economic analysis,

preparation of preliminary engineering

plans, and a study of environmental

impacts. Based on the results of these

studies, the Applicant would decide

whether to proceed with the preparation

of a development application to

construct and operate the project.

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 the title

‘‘COMMENTS’’, ‘‘NOTICE OF INTENT

TO FILE COMPETING APPLICATION’’,

‘‘COMPETING APPLICATION’’,

‘‘PROTEST’’, ‘‘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. An additional

copy must be sent to Director, Division

of Project Review, Federal Energy

Regulatory Commission, at the abovementioned address. A copy of any

notice of intent, competing application

or 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. 00–12085 Filed 5–12–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

Sunshine Act Meeting

May 10, 2000.

The following notice of meeting is

published pursuant to section 3(a) of the

Government in the Sunshine Act (Pub.

L. No. 94–409), 5 U.S.C 552B:

AGENCY HOLDING MEETING: Federal

Energy Regulatory Commission.

DATE AND TIME: May 17, 2000, 10:00 a.m.

PLACE: Room 2C, 888 First Street, NW,

Washington, DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda.

Note: Items listed on the agenda may be

deleted without further notice.

CONTACT PERSON FOR MORE INFORMATION:

David P. Boergers, Secretary, telephone

(202) 208-0400, for a recording listing

items, stricken from or added to the,

meeting, call (202) 208–1627.