34372 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 / Notices

1 18 CFR 385.213(d). See also 18 CFR 385.202.

2 18 CFR 2.1(a)(1)(iii)(J).

1Mountain Rhythm’s application for license for

the Boulder Creek Project was evaluated by

Commission staff in a multiple project final

environmental impact statement issued for the

Nooksack River Basin on September 1, 1997.

2 16 U.S.C. 1456(c)(3)(A). Section 307(c)(3)(a) of

the CZMA provides that any applicant for a Federal

license proposing to conduct an activity within or

affecting a state’s coastal zone must furnish to the

state or CZMA agency all necessary information and

data and a certification that the proposed activity

complies with the enforceable policies of the state’s

approved program and that such activity will be

conducted in a manner consistent with the

program. No license can be issued by the Federal

agency until the state or the designated CZMA

agency concurs with the applicant’s certification, or

the agency’s concurrence is conclusively presumed

by its failure to act within 180 days of its receipt

of the applicant’s certification.

3See Certification of Consistency, attached as

Exhibit A of Mountain Rhythm’s Motion for

Declaratory Order.

4See Letter from Washington Department of

Ecology to William Devine, dated October 1, 1992,

attached as Exhibit B of Mountain Rhythm’s Motion

for Declaratory Order.

5See Letter from Washington Department of

Ecology to Bill Devine, attached to Letter from

Glacier Energy Company, on behalf of Mountain

Rhythm, to the Secretary of the Federal Energy

Regulatory Commission, dated March 29, 1998.

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. ER98–2611–000]

Powerhouse Systems, Inc.; Notice of

Withdrawal

June 18, 1998.

Take notice that on June 15, 1998,

Powerhouse Systems, Inc., tendered for

filing a Notice of Withdrawal of its filing

made on April 20, 1998, in Docket No.

ER98–2611–000.

A copy of the notice is being served

on Public Service Company of New

Hampshire and the New Hampshire

Public Utilities Commission.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, NE, Washington, DC 20426,

in accordance with Rules 211 and 216

of the Commission’s Rules of Practice

and Procedure (18 CFR 385.211 and 18

CFR 385.216). All such motions and

protests should be filed on or before

June 30, 1998. Protests will be

considered by the Commission to

determine the appropriate action to be

taken, but will not serve to make

protestants parties to the proceedings.

Any person wishing to become a party

must file a motion to intervene. Copies

of this filing are on file with the

Commission and are available for public

inspection.

David P. Boergers,

Acting Secretary.

[FR Doc. 98–16705 Filed 6–23–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Project No. 2114–070]

Public Utility District No. 2 of Grant

County, Washington; Notice

Establishing Comment Period for

Complaint

June 18, 1998.

On May 28, 1998, Crescent Bar, Inc.,

Crescent Bar Homeowners Association,

Crescent Bar Resort condominium

Association, and Commercial

Leaseholders (complainants) filed a

document entitled ‘‘Complaint of

Crescent Bar Residents.’’ The

complainants request, pursuant to 18

CFR 385.206 of the Commission’s

regulations, that the Commission find

the Public Utility District No. 2 of Grant

County, Washington (District) to be in

violation of the Federal Power Act and

the Commission’s regulations and

policies because the District has

retained excessive lands containing

private homes and businesses within

the project boundary. Complainants also

request that the project boundary be

changed to exclude privately developed

areas on the island of Crescent Bar from

the project boundary.

Pursuant to Rule 213(d) of the

Commission’s regulations, answers to

complaints are due within 30 days after

filing or, if noticed, after publication of

the notice in the Federal Register,

unless otherwise ordered.1 In general,

the Commission’s policy is to publish

notice in the Federal Register of

complaints against hydroelectric

licensees.2

Any person may file an answer,

comments, protests, or a motion to

intervene with respect to the complaint

in accordance with the requirements of

the Rules of Practice and Procedure, 18

CFR 385.210, 385.211, 385.213, and

385.214. In determining the appropriate

action to take with respect to the

complaint, 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 answers,

comments, protests, or motions to

intervene must be received no later than

30 days after publication of this notice

in the Federal Register.

David P. Boergers,

Acting Secretary.

[FR Doc. 98–16714 Filed 6–23–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Project Nos. 3721–001, 4270–001, 4282–

001, 4312–001, 4628–001, 4738–002, and

9231–999]

Puget Sound Power & Light Company,

Mountain Rhythm Resources,

Mountain Water Resources, Watersong

Resources, McGrew and Associates

and City of Tacoma, Washington,

McGrew, McMaster and Koch and City

of Tacoma, Washington, and Scott

Paper Company; Notice of Motion for

Declaratory Order

June 18, 1998.

Public notice is given that on May 1,

1998, Mountain Rhythm Resources

(Mountain Rhythm) filed a motion for

declaratory order in the above-captioned

proceedings, pursuant to Section

385.207(a)(2) of the Commission’s

regulation, 18 CFR 385.207(a)(2).

Mountain Rhythm seeks a

determination from the Commission to

terminate a controversy as to the status

of its certification of project consistency

with the Washington Coastal Zone

Management Program for the proposed

Boulder Creek Project No. 4270, one of

six pending hydropower projects

proposing development in the Nooksack

River Basin in Whatcom County,

Washington.1

Mountain Rhythm submitted to the

Washington Department of Ecology

(Ecology) a certification of project

consistency, in accordance with the

Coastal Zone Management Act (CZMA) 2

in 1992.3 Ecology responded by letter,

stating that the proposed project would

affect land uses, water uses, and natural

resources of the state’s coastal zone, and

that Ecology could not concur that the

project is consistent with the

Washington Coastal Zone Management

Program until Mountain Rhythm

provides necessary information and

data, including an approved Shoreline

Management Act permit.4 Most recently,

in a letter dated March 13, 1998,

Ecology reiterated its requirement that a

shoreline permit is a prerequisite to the

agency’s concurrence and added that, as

part of the state’s Coastal Zone

Management Program, Mountain

Rhythm would need to conduct an

Instream Flow Incremental

Methodology Study to ensure that the

state’s water quality standards are met.5