Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12171 

1 18 CFR 385.713(c)(2) (2006). See Revision of 

Rules of Practice and Procedure Regarding Issue 

Identification, Order No. 663, 70 FR 55,723 

(September 23, 2005), FERC Statutes and 

Regulations ¶ 31,193 (2005). See also, Order 663–

A, effective March 23, 2006, which amended Order 

663 to limit its applicability to rehearing requests. 

Revision of Rules of Practice and Procedure 

Regarding Issue Identification, Order No. 663–A, 71 

FR 14,640 (March 23, 2006), FERC Statutes and 

Regulations ¶ 31,211 (2006). 

2As explained in Order No. 663, the purpose of 

this requirement is to benefit all participants in a 

proceeding by ensuring that the filer, the 

Commission, and all other participants understand 

the issues raised by the filer, and to enable the 

Commission to respond to these issues. Having a 

clearly articulated Statement of Issues ensures that 

issues are properly raised before the Commission 

and avoids the waste of time and resources 

involved in litigating appeals regarding which the 

courts of appeals lack jurisdiction because the 

issues on appeal were not clearly identified before 

the Commission. See Order No. 663 at P 3–4. 

3See, e.g., South Carolina Electric & Gas 

Company, 116 FERC ¶ 61,218 (2006); and Duke 

Power Company, LLC, 116 FERC ¶ 61,171 (2006). 

4See Little Horn Energy Wyoming, Inc., 58 FERC 

¶ 61,132 (1992). 

5See Burke Dam Hydro Associates, 47 FERC ¶

61,449 (1989). 

6 101 FERC ¶ 62,038 (2002). 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. eastern time on 

March 23, 2007. 

Philis J. Posey, 

Acting Secretary. 

[FR Doc. E7–4714 Filed 3–14–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 349–115—Alabama] 

Alabama Power Company; Notice of 

Availability of Environmental 

Assessment 

March 9, 2007. 

In accordance with the National 

Environmental Policy Act of 1969 and 

the Federal Energy Regulatory 

Commission’s (Commission) 

regulations, 18 CFR Part 380 (Order No. 

486, 52 FR 47897), the Office of Energy 

Projects has reviewed an application for 

non-project use of project lands and 

waters at the Martin Dam Project (FERC 

No. 349), and has prepared an 

environmental assessment (EA) for the 

proposal. The project is located on Lake 

Martin near Dadeville, in Tallapoosa 

County, Alabama. 

In the application, Alabama Power 

(licensee) requests Commission 

authorization to permit The Pointe at 

Sunset Pointe, LLC (The Pointe) to 

install 30 boat slips as well as a pier/ 

platform and floating-dock structure on 

Lake Martin, the project reservoir. These 

structures would serve the residents of 

condominiums that are located on 

adjoining project lands. The EA 

contains Commission staff’s analysis of 

the potential environmental impacts of 

the proposal and concludes that 

approval of the proposal, as modified by 

the staff-identified alternative, would 

not constitute a major federal action 

significantly affecting the quality of the 

human environment. 

The EA is attached to a Commission 

order titled ‘‘Order Modifying and 

Approving Non-Project Use of Project 

Lands and Waters,’’ which was issued 

February 22, 2007, and is available for 

review and reproduction at the 

Commission’s Public Reference Room, 

located at 888 First Street, NE., Room 

2A, Washington, DC 20426. The EA may 

also be viewed on the Commission’s 

Web site at http://www.ferc.gov using 

the ‘‘elibrary’’ link. Enter the project 

number (prefaced by P- and excluding 

the last three digits) in the docket 

number field to access the document. 

For assistance, contact FERC Online 

Support at 

FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

Philis J. Posey, 

Acting Secretary. 

[FR Doc. E7–4718 Filed 3–14–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 12617–001] 

Fall Creek Hydro, LLC; Notice 

Dismissing Filing as Deficient 

March 9, 2007. 

On January 10, 2007, Commission 

staff issued an order dismissing Fall 

Creek Hydro, LLC’s (Fall Creek) 

application for a second three-year 

preliminary permit to study the 

proposed 4.7-megawattt Fall Creek 

Hydroelectric Project No. 12617, to be 

located at the existing U.S. Army Corps 

of Engineers’ (Corps) Fall Creek Dam, on 

Fall Creek in Lane County, Oregon. On 

February 8, 2007, Fall Creek filed a 

timely request for rehearing, seeking 

reinstatement of its application. 

Fall Creek’s rehearing request is 

deficient because it fails to include a 

Statement of Issues section separate 

from its arguments, as required by Rule 

713 of the Commission’s Rules of 

Practice and Procedure.1 Rule 713(c)(2) 

requires that a rehearing request must 

include a separate section entitled 

‘‘Statement of Issues’’ listing each issue 

presented to the Commission in a 

separately enumerated paragraph that 

includes representative Commission 

and court precedent on which the 

participant is relying.2 Under Rule 713, 

any issue not so listed will be deemed 

waived. Accordingly, Fall Creek’s 

rehearing request is dismissed.3

In any event, Fall Creek’s arguments 

on rehearing are without merit. The 

purpose of a preliminary permit is to 

maintain priority of application for a 

license during the term of the permit 

while the permittee conducts 

investigations and secures data 

necessary to determine the feasibility of 

the proposed project and, if the project 

is found to be feasible, prepares an 

acceptable development application. 

While an applicant is not precluded 

from seeking and obtaining a successive 

preliminary permit for the same site, it 

must demonstrate that, under the prior 

permit, it pursued the proposal in good 

faith and with due diligence.4 A 

permittee seeking a successive permit is 

therefore required to take certain 

minimal steps, including filing sixmonth progress reports and consulting 

with the appropriate federal and state 

resource agencies.5

In October 2002, Commission staff 

granted Fall Creek a three-year 

preliminary permit to study its 

proposed project.6 Upon expiration of 

the first permit term, Fall Creek 

immediately filed its application for a 

second permit. Commission staff 

dismissed Fall Creek’s application for a 

successive permit, concluding that Fall 

Creek failed to prosecute diligently the 

requirements of its previous permit. 

On rehearing, Fall Creek contends 

that it has made substantial progress in 

analyzing the proposed project’s 

feasibility and completing the PreVerDate Aug<31>2005 14:20 Mar 14, 2007 Jkt 211001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\15MRN1.SGM 15MRN1

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12172 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 

7The purpose of a PAD under the Commission’s 

Integrated Licensing Process is to provide detailed 

information about a proposed project to enable 

interested entities to identify issues, develop study 

requests and study plans, and prepare documents 

analyzing any license application that may be filed. 

See 18 CFR 5.6 (2006). 

8Fall Creek later filed its PAD and a notice of 

intent to file a license application in a new 

proceeding (docketed Project No. 12778–000) on 

February 16, 2007, eight days after the filing of its 

request for rehearing. Finding the PAD to be 

deficient, partially because of Fall Creek’s failure to 

consult with the National Marine Fisheries Service 

and the U.S. Fish and Wildlife Service, staff by 

letter dated February 28, 2007, gave Fall Creek 75 

days to file an updated PAD or an addendum to the 

originally filed PAD. 

9The Corps is the only consulted federal entity 

and the Oregon Department of Fish and Wildlife the 

only consulted resource agency. 

application Document (PAD), 7 a step in 

the license application process.8 As 

evidence of its ‘‘substantial progress’’

and due diligence, Fall Creek states that 

it made two site visits (November 2002 

and July 2003) and held two meetings 

(May 2006 and January 2007). It also 

describes nine ‘‘consultations’’ made in 

preparation of its PAD, all but one of 

which occurred in a ten-day period after 

the dismissal of its permit application.9

Finally it cites to 52 documents, 

publications, and Web sites that it 

reviewed in preparing its PAD. These 

efforts are too little, too late. 

Philis J. Posey, 

Acting Secretary. 

[FR Doc. E7–4716 Filed 3–14–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Notice of Application Accepted for 

Filing and Soliciting Motions To 

Intervene and Protests 

March 9, 2007. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: New Major 

License. 

b. Project No.: 2242–078. 

c. Date Filed: November 24, 2006. 

d. Applicant: Eugene Water and 

Electric Board. 

e. Name of Project: Carmen-Smith 

Hydroelectric Project. 

f. Location: On the McKenzie River in 

Lane and Linn Counties, near McKenzie 

Bridge, Oregon. The project occupies 

approximately 560 acres of the 

Willamette National Forest. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791(a)–825(r). 

h. Applicant Contact: Randy L. 

Berggren, General Manager, Eugene 

Water and Electric Board, 500 East 4th 

Avenue, P.O. Box 10148, Eugene, OR 

97440, (541) 484–2411. 

i. FERC Contact: Bob Easton, (202) 

502–6045 or robert.easton@ferc.gov. 

j. Deadline for filing motions to 

intervene and protests: 60 days from the 

issuance date of this notice. 

All documents (original and eight 

copies) should be filed with: Philis J. 

Posey, Secretary, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

The Commission’s Rules of Practice 

require all intervenors 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 an intervenor 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. 

Motions to intervene and protests 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 ‘‘eFiling’’ link. 

k. This application has been accepted, 

but is not ready for environmental 

analysis at this time. 

l. The Carmen-Smith Hydroelectric 

Project consists of two developments, 

the Carmen development and the Trail 

Bridge development. The Carmen 

development includes: (1) A 25-foothigh, 2,100-foot-long, and 10-foot-wide 

earthen Carmen diversion dam with a 

concrete weir spillway, (2) a 11,380- 

foot-long by 9.5-foot-diameter concrete 

Carmen diversion tunnel located on the 

right abutment of the spillway, (3) a 

235-foot-high, 1,100-foot-long, and 15- 

foot-wide earthen Smith diversion dam 

with a gated Ogee spillway, (4) a 7,275- 

foot-long by 13.5 foot-diameter concretelined Smith power tunnel, (5) a 1,160- 

foot-long by 13-foot-diameter steel 

underground Carmen penstock, (6) a 86- 

foot-long by 79-foot-wide Carmen 

powerhouse, (7) two Francis turbines 

each with a generating capacity of 52.25 

megawatts (MW) for a total capacity of 

104.50 MW, (8) a 19-mile, 115-kilovolt 

(kV) transmission line that connects the 

Carmen powerhouse to the Bonneville 

Power Administration’s Cougar-Eugene 

transmission line, and (9) appurtenant 

facilities. 

The Trail Bridge development 

includes: (1) A 100-foot-high, 700-footlong, and 24-foot-wide earthen Trail 

Bridge dam section with a gated Ogee 

spillway, (2) a 1,000-foot-long and 20- 

foot-wide emergency spillway section, 

(3) a 300-foot-long by 12-foot-diameter 

concrete penstock at the intake that 

narrows to a diameter of 7 feet, (4) a 66- 

foot-long by 61-foot-wide Trail Bridge 

powerhouse, (5) one Kaplan turbine 

with a generating capacity of 9.975 MW, 

and (6) a one-mile, 11.5-kV distribution 

line that connects the Trail Bridge 

powerhouse to the Carmen powerhouse. 

m. A copy of the application 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 

‘‘eLibrary’’ 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 

FERCOnlineSupport@ferc.gov or tollfree 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. 

You may also register online at 

http://www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via email of new filings and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

n. Anyone may submit a protest or a 

motion to intervene in accordance with 

the requirements of Rules of Practice 

and Procedure, 18 CFR 385.210, 

385.211, and 385.214. In determining 

the appropriate action to take, the 

Commission will consider all protests 

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 protests or 

motions to intervene must be received 

on or before the specified deadline date 

for the particular application. 

All filings must (1) Bear in all capital 

letters the title ‘‘PROTEST’’ or 

‘‘MOTION TO INTERVENE;’’ (2) set 

forth in the heading the name of the 

applicant and the project number of the 

application to which the filing 

responds; (3) furnish the name, address, 

and telephone number of the person 

protesting or intervening; and (4) 

otherwise comply with the requirements 

of 18 CFR 385.2001 through 385.2005. 

Agencies may obtain copies of the 

application directly from the applicant. 

A copy of any protest or motion to 

intervene must be served upon each 


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