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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Page 7687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01430]

[[Page 7687]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2535-130]

Dominion Energy South Carolina, Inc.; Notice Dismissing Request 
for Rehearing

    On October 27, 2023, Dominion Energy South Carolina, Inc. (Dominion 
Energy), filed a final license application to relicense its Stevens 
Creek Hydroelectric Project No. 2535. On November 8, 2023, Commission 
staff issued a notice of application and solicited additional study 
requests. On December 11, 2023, Augusta-Richmond County, Georgia, filed 
additional study requests with the Commission. On November 25, 2024, 
Commission staff issued a letter responding to the additional study 
requests and explained that no further studies were needed. On December 
26, 2024, Augusta-Richmond County filed a request for rehearing of 
Commission staff's November 25, 2024 letter.
    Rule 713(b) of the Commission's Rules of Practice and Procedure 
permits requests for rehearing ``of any final decision or other final 
order in a proceeding.'' \1\ An order is final, and thus subject to 
rehearing, only when it imposes an obligation, denies a right, or fixes 
some legal relationship as a consummation of the administrative 
process.\2\ The November 24, 2024 Commission staff letter is not a 
final Commission decision or order on the final license application, 
which remains pending before the Commission, nor imposes an obligation 
on the license applicant or any other party.
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    \1\ 18 CFR 385.713(b) (2024); see also 15 U.S.C. 717r(a) 
(parties ``aggrieved by an order issued by the Commission in a 
proceeding . . . may apply for a rehearing within thirty days after 
the issuance of such order'').
    \2\ Reliable Automatic Sprinkler Co. v. Consumer Prod. Safety 
Comm'n, 324 F.3d 726, 731 (D.C. Cir. 2003) (holding that ``final 
agency action `mark[s] the consummation of the agency's decision-
making process' and is `one by which rights or obligations have been 
determined, or from which legal consequences will flow' '') (quoting 
Bennett v. Spear, 520 U.S. 154, 178 (1997)).
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    When the Commission, or its delegate, issues a final order 
regarding Dominion Energy's license application, Augusta-Richmond 
County may, at that time, file a request for rehearing. Thus, 
Commission staff's November 25, 2024 letter is interlocutory and does 
not fall within the scope of Rule 713. Accordingly, the request for 
rehearing is dismissed.\3\
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    \3\ See, e.g., Exelon Gen Co., 131 FERC ] 61,166, at PP 15-16 
(2010) (denying rehearing of a study plan determination letter, in 
part, because letter was a procedural decision by Commission staff); 
Pub. Util. Dist. No. 1 of Douglas Cnty., Wash., 122 FERC ] 61,032, 
at P 7 & n.9 (2008) (dismissing request for rehearing of denial of 
study request); Duke Power, 117 FERC ] 61,303, at PP 5-7 (2006) 
(affirming dismissal as interlocutory of request for rehearing of 
environmental assessment); Duke Energy Corp., 111 FERC ] 61,489, at 
PP 12-14 (2005) (denying request for rehearing of Secretary's notice 
dismissing request for rehearing of staff decision not to extend 
environmental scoping process).
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    This notice constitutes final agency action. Requests for rehearing 
by the Commission of this notice must be filed within 30 days of the 
date of issuance of this notice, as provided in section 313(a) of the 
Federal Power Act, 16 U.S.C. 825l(a), and section 385.713 of the 
Commission's regulations, 18 CFR 385.713 (2024).

    Dated: January 14, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-01430 Filed 1-21-25; 8:45 am]
BILLING CODE 6717-01-P
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