12170 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 

appropriate. Such notices, motions, or 

protests must be filed in accordance 

with the provisions of Section 154.210 

of the Commission’s regulations (18 CFR 

154.210). Anyone filing an intervention 

or protest must serve a copy of that 

document on the Applicant. Anyone 

filing an intervention or protest on or 

before the intervention or protest date 

need not serve motions to intervene or 

protests on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

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. 

Philis J. Posey, 

Acting Secretary. 

[FR Doc. E7–4719 Filed 3–14–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RP07–341–000] 

Transcontinental Gas Pipe Line 

Corporation; Notice of Proposed 

Changes in FERC Gas Tariff 

March 9, 2007. 

Take notice that on March 6, 2007, 

Transcontinental Gas Pipe Line 

Corporation (Transco) tendered for 

filing as part of its FERC Gas Tariff, 

Third Revised Volume No. 1, First 

Revised Thirty-Second Revised Sheet 

No. 28B and Second Substitute ThirtyThird Revised Sheet No. 28B, to become 

effective February 9, 2007 and March 1, 

2007, respectively. 

Transco states that copies of the filing 

are being mailed to affected customers 

and interested state commissions. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211 and 

385.214). Protests will be considered by 

the Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed in accordance 

with the provisions of Section 154.210 

of the Commission’s regulations (18 CFR 

154.210). Anyone filing an intervention 

or protest must serve a copy of that 

document on the Applicant. Anyone 

filing an intervention or protest on or 

before the intervention or protest date 

need not serve motions to intervene or 

protests on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

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. 

Philis J. Posey, 

Acting Secretary. 

[FR Doc. E7–4720 Filed 3–14–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EL07–44–000] 

Complainant: Dakota Wind Harvest, 

LLC, vs. Respondents: Midwest 

Independent Transmission System 

Operator, Inc., Montana-Dakota 

Utilities Company, Western Area 

Power Administration; Notice of 

Complaint 

March 9, 2007. 

Take notice that on March 8, 2007, 

Dakota Wind Harvest, LLC (Dakota 

Wind) pursuant to Rule 206 of the Rules 

of Practice and Procedures of the 

Commission, 18 CFR 385.206 and 

sections 206 and 215 of the Federal 

Power Act, hereby submits the 

Complaint Requesting Fast Track 

Processing against Midwest 

Independent Transmission System 

Operator, Inc. (Midwest ISO), MontanaDakota Utilities Company (MDU) and 

Western Area Power Administration 

(Western). Dakota Wind is required to 

file this Complaint due to: (i) Midwest 

ISO’s refusal to allow Dakota Wind’s 

wind-powered electricity generation 

facility currently under development to 

commence operations without first 

having a Balancing Authority 

designated; (ii) MDU’s and Western’s 

refusal to serve as Balancing Authority 

despite the fact that the Project will be 

interconnected to the transmission 

system owned by MDU and located in 

the geographic area in which Western is 

the designated Balancing Authority; and 

(iii) Midwest ISO’s and MDU’s refusal to 

act to ensure that a Balancing Authority 

agrees to provide balancing serviced to 

Dakota Wind. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. The Respondent’s answer 

and all interventions or protests must be 

filed on or before the comment date. 

The Respondent’s answer, motions to 

intervene, and protests must be served 

on the Complainants. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 


rmajette on PROD1PC67 with NOTICES
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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