Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 28481 

1 16 U.S.C. 797(f) (2000). 

2See 18 CFR 4.81(d) (2006). By letter issued 

January 18, 2007, Commission staff notified Rainer 

of the deficiency in its application and gave Rainer 

45 days to file an appropriate map to cure the 

deficiency. Rainier timely filed additional maps on 

February 28, 2007. However, Commission staff’s 

March 20, 2007 letter found that the newlysubmitted maps also failed to meet the 

requirements of section 4.81(d). 

3 In addition, the pleading as filed is deficient 

because it failed to include a Statement of Issues, 

as required by 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) as 

amended by Order 663–A, effective March 23, 2006, 

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) (codified at 18 CFR 

385.203(a)(7) and 385.713(c)(2) (2006)). 

under 18 CFR Part 34 of all future 

issuances of securities and assumptions 

of liability by El Segundo. 

On May 11, 2007, pursuant to 

delegated authority, the Director, 

Division of Tariffs and Market 

Development—West, granted the 

requests for blanket approval under Part 

34 (Director’s Order). The Director’s 

Order also stated that the Commission 

would publish a separate notice in the 

Federal Register establishing a period of 

time for the filing of protests. 

Accordingly, any person desiring to be 

heard concerning the blanket approvals 

of issuances of securities or assumptions 

of liability by El Segundo should file a 

protest with the Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure. 18 CFR 385.211, 385.214 

(2004). 

Notice is hereby given that the 

deadline for filing protests is June 11, 

2007. 

Absent a request to be heard in 

opposition to such blanket approvals by 

the deadline above, El Segundo is 

authorized to issue securities and 

assume obligations or liabilities as a 

guarantor, indorser, surety, or otherwise 

in respect of any security of another 

person; provided that such issuance or 

assumption is for some lawful object 

within the corporate purposes of El 

Segundo, compatible with the public 

interest, and is reasonably necessary or 

appropriate for such purposes. 

The Commission reserves the right to 

require a further showing that neither 

public nor private interests will be 

adversely affected by continued 

approvals of El Segundo’s issuance of 

securities or assumptions of liability. 

Copies of the full text of the Director’s 

Order are available from the 

Commission’s Public Reference Room, 

888 First Street, NE., Washington, DC 

20426. The Order may also 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 filed to access the document. 

Comments, protests, and interventions 

may be filed electronically via the 

internet in lieu of paper. See, 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site under the 

‘‘e-Filing’’ link. The Commission 

strongly encourages electronic filings. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E7–9677 Filed 5–18–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Notice of Effectiveness of Exempt 

Wholesale Generator or Foreign Utility 

Company Status 

May 11, 2007. 

Docket Nos. 

North Wind Cooperative ...................................................................................................................................................................... EG07–36–000 

Besicorp-Empire Power Company, LLC .............................................................................................................................................. EG07–37–000 

Post Oak Wind, LLC ............................................................................................................................................................................ EG07–38–000 

Bullard Energy Center, LLC ................................................................................................................................................................ EG07–39–000 

Diablo Winds, LLC ............................................................................................................................................................................... EG07–40–000 

Panoche Energy Center, LLC ............................................................................................................................................................. FC07–7–000 

Spectra Energy Corporation & Union Gas Limited ............................................................................................................................. FC07–8–000 

AES TEG/TEP Holding B.V ................................................................................................................................................................. FC07–9–000 

Airtricity Holdings Ltd. .......................................................................................................................................................................... FC07–10–000 

Generadora Montecristo S.A., Enel Guatemala S.A ........................................................................................................................... FC07–11–000 

Take notice that during the month of 

April 2007, the status of the abovecaptioned entities as Exempt Wholesale 

Generators or Foreign Utility Companies 

became effective by operation of the 

Commission’s regulations. 18 CFR 

366.7(a). 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E7–9684 Filed 5–18–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 12767–001] 

Rainier Engineering and 

Environmental, LLC; Notice Rejecting 

Filing 

May 11, 2007. 

On March 20, 2007, Commission staff 

rejected the application, filed November 

13, 2006, by Rainier Engineering and 

Environmental, LLC (Rainer) for a 

preliminary permit under section 4(f) of 

the Federal Power Act 1 to study the 

proposed Tapps Lake Dam 

Hydroelectric Project No. 12767, to be 

located at Puget Sound Energy, Inc.’s 

Lake Tapps Dam on the White River in 

Sumner, Pierce County, Washington. 

The application was rejected for failure 

to include a readable map showing a 

project boundary enclosing all proposed 

project facilities.2 On April 19, 2007, 

Rainier requested rehearing of the 

Commission’s decision to reject their 

application. 

Rainer does not attribute any errors to 

staff’s rejection of its application, but 

instead proffers assertedly appropriate 

maps to cure its application’s deficiency 

and requests reconsideration of its 

application in light of its new 

submission. 

Section 313(a) of the Federal Power 

Act, 16 U.S.C. 825l, requires an 

aggrieved party to file its request for 

rehearing within 30 days after the 

issuance of the Commission order and 

to set forth specifically the ground or 

grounds upon which such request is 

based. Rainier’s rehearing request raises 

no specific allegations of error with 

respect to the staff’s order. Therefore, it 

must be rejected.3


pwalker on PROD1PC71 with NOTICES
28482 Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 

4See, e.g., Northeast Hydrodevelopment 

Corporation, 42 FERC ¶ 61,066 n. 6 (1988) (the 

Commission does not consider information an 

applicant submits on rehearing of staff’s dismissal 

of the application, since the issue before the 

Commission is whether the staff’s dismissal was 

appropriate). See also, e.g., Koch Gateway Pipeline 

Company, 75 FERC ¶ 61,132 at 61,456 (1996) 

(explaining general policy against receipt of 

additional information on rehearing). 

5Furthermore, the new maps did not cure the 

deficiencies in Rainier’s permit application in that 

they do not include a project boundary that 

encloses all project features, including the reservoir, 

and they do not delineate all project features, 

including the project’s dam, intake structure, and 

transmission line, as section 4.81(d) of the 

Commission’s regulations requires. 

6The August 10, 2006 notice of Mr. Hanson’s 

application required the filing of competing permit 

applications by 30 days following October 10, 2006, 

i.e., by Thursday, November 9, 2006. Rainier filed 

its competing application after business hours on 

November 9, 2006. Under 18 CFR 385.2001(c)(2) 

(2006), any document received after regular 

business hours is considered filed on the next 

business day. Since Friday, November 10, 2006, 

was a holiday, the next business day was Monday, 

November 13, 2006. 

7Finally, Rainier filed its application 

electronically, which is prohibited by 18 CFR 

385.2003(c)(1)(i) (2006), since preliminary permit 

applications are not included among the documents 

that are qualified for electronic filing. 

In any event, the submission of 

additional factual evidence in a request 

for rehearing is contrary to Commission 

policy,4 so Rainier’s newly-submitted 

maps would not have been accepted to 

reverse staff’s rejection of the 

application.5

It appears moreover that Rainier late 

filed 6 its permit application 7 in 

competition with the preliminary 

permit application filed by Don L. 

Hansen in Project No. 12685. 

This notice constitutes final agency 

action. Request for rehearing this 

rejection notice must be filed within 30 

days of the date of issuance of this 

notice, pursuant to 18 CFR 385.713 

(2006). 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E7–9682 Filed 5–18–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP07–208–000] 

Rockies Express Pipeline LLC; Notice 

of Application 

May 14, 2007. 

Take notice that on April 30, 2007, 

Rockies Express Pipeline LLC (Rockies 

Express), 370 Van Gordon Street, 

Lakewood, Colorado 80228, filed an 

application in Docket No. CP07–208–

000, pursuant to section 7(c) of the 

Natural Gas Act (NGA) and Part 157 of 

the Commission’s regulations requesting 

a certificate of public convenience and 

necessity to construct certain pipeline 

facilities, referred to as the REX-East 

Project, to extend Rockies Express’

certificated system eastward from its 

terminus in Audrain County, Missouri 

to Monroe County, Ohio and to increase 

the transportation capacity of its system 

from 1,500,000 Dth per day to 1,800,000 

Dth per day, all as more fully set forth 

in the application which is on file with 

the Commission and open for public 

inspection. This filing 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, please contact FERC Online 

Support at 

FERCOnlineSupport@ferc.gov or toll 

free at (866)208–3676, or for TTY, 

contact (202) 502–8659. 

Specifically, Rockies Express requests 

authorization to construct: (1) 638 miles 

of 42-inch pipeline in Audrain, Ralls, 

and Pike Counties, Missouri; Pike, Scott, 

Morgan, Sangamon, Christian, Macon, 

Moultrie, Douglas and Edgar Counties, 

Illinois; Vermillion, Parke, Putnam, 

Hendricks, Morgan, Johnson, Shelby, 

Decatur, and Franklin Counties, 

Indiana; and Butler, Warren, Clinton, 

Greene, Fayette, Pickaway, Fairfield, 

Perry, Morgan, Muskingum, Guernsey, 

Noble, Belmont, and Monroe Counties, 

Ohio; and (2) a total of approximately 

236,000 horsepower of compression at 

seven new compressor stations in 

Carbon County, Wyoming; Phelps 

County, Nebraska; Audrain County, 

Missouri; Christian County, Illinois; 

Putnam County, Indiana; Butler County, 

Ohio; and Muskingum County, Ohio. 

The cost of the project is 

approximately $2.2 billion. Rockies 

Express proposes to establish a new rate 

zone—Zone 3—consisting of all 

facilities located east of the terminus of 

Rockies Express’ certificated facilities in 

Audrain County, Missouri. Further, 

Rockies Express requests a 

determination of rolled-in rate treatment 

for certain compression facilities located 

in existing Zone 1 and Zone 2. 

Any questions regarding this 

application should be directed to Robert 

F. Harrington, Vice President—

Regulatory, Rockies Express Pipeline 

LLC, P.O. Box 281304, Lakewood, 

Colorado 80228–8304, phone (303)763–

3581. 

On June 13, 2006, the Commission 

staff granted Rockies Express’ request to 

utilize the Commission’s Pre-Filing 

Process and assigned Docket No. PF06–

30–000 to staff activities involving the 

Rockies Express REX-East Project. Now, 

as of the filing of Rockies Express’

application on April 30, 2007, the PreFiling Process for this project has ended. 

From this time forward, Rockies 

Express’ proceeding will be conducted 

in Docket No. CP07–208–000, as noted 

in the caption of this Notice. 

Pursuant to section 157.9 of the 

Commission’s rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: complete 

its environmental assessment (EA) and 

place it into the Commission’s public 

record (eLibrary) for this proceeding, or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or EA for this proposal. The filing of the 

EA in the Commission’s public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify Federal and 

State agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

Federal authorizations within 90 days of 

the date of issuance of the Commission 

staff’s FEIS or EA. 

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 on or before the 

comment date. Anyone filing a motion 

to intervene or protest must serve a copy 

of that document on the Applicant. On 

or before the comment date, it is not 

necessary to serve motions to intervene 

or protests on persons other than the 

Applicant. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 


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