[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Notices]
[Page 66411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31597]



[[Page 66411]]

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DEPARTMENT OF ENERGY

[Project No. 5-067]

Federal Energy Regulatory Commission


PPL Montana, LLC; Confederated Salish and Kootenai Tribes of the 
Flathead Nation; Notice Denying Intervention and Rejecting Request for 
Rehearing

December 18, 2001.
    By order issued October 18, 2001, the Director, Division of 
Hydropower Compliance and Administration, granted an extension of time 
to develop and implement plans under Articles 60 and 64 for the Kerr 
Hydroelectric Project No. 5, located on lands within the Flathead 
Indian Reservation and on other federal lands. 97 FERC para. 62,050.
    On November 19, 2001, The National Organization to Save Flathead 
Lake (National Organization) filed a motion to intervene and a request 
for rehearing of the Director's order to the extent that it granted an 
extension of time for the filing of a drought management plan under 
Article 60. On November 19, 2001, Bayside Park and Marine Center, 
L.L.C. (Bayside) filed a motion to intervene, and Bayside and Pointer 
Scenic Cruises (Pointer) filed a request for rehearing of the 
Director's order to the extent that it granted an extension of time for 
the filing of a drought management plan under Article 60.\1\
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    \1\ Although Bayside's motion to intervene states that the 
filing is on behalf of Bayside and Pointer, the motion seeks 
intervention only for Bayside and implies that Pointer may already 
be an intervenor due to earlier participation in matters dealing 
with the Kerr Project. However, any such previous intervention would 
not extend to the present post-licensing matter.
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    In proceedings on compliance matters arising after issuance of a 
license, the Commission will entertain interventions and requests for 
rehearing only when the filing or order entails a material change in 
the plan of project development or in the terms of a license, or would 
adversely affect the rights of a property holder in a manner not 
contemplated by the license. The Commission will also entertain 
interventions and requests for rehearing in proceedings commenced 
pursuant to a license article if the entity seeking intervention is 
specifically given a consultation role in the license article in 
question.\2\ However, the timing of a compliance filing is an 
administrative matter between the licensee and the Commission and does 
not give rise to an opportunity to request intervention and seek 
rehearing.\3\
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    \2\ See Pacific Gas & Electric Co., 40 FERC para. 61,035 (1987).
    \3\ Bangor Hydro-Electric Co., 87 FERC para. 61,035 (1999).
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    Because the Director's order addressed the timing of a compliance 
filing, the requests for intervention filed by National Organization 
and Bayside are dismissed, and the requests for rehearing filed by 
National Organization, Bayside, and Pointer are rejected.\4\
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    \4\ Only entities that have filed motions to intervene become 
parties, and only parties may file a request for rehearing. See 18 
C.F.R. 385.713(b) (2001). Therefore, Pointer's request for rehearing 
is rejected for the additional reason that Pointer did not seek 
intervention.
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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 
issuance of this notice, pursuant to 18 CFR 385.713.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-31597 Filed 12-21-01; 8:45 am]
BILLING CODE 6717-01-P