Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Notices 66411

1Although 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 postlicensing matter.

2See Pacific Gas & Electric Co., 40 FERC ¶ 61,035

(1987).

3Bangor Hydro-Electric Co., 87 FERC ¶ 61,035

(1999).

4Only 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.

1 18 CFR 385.214 (2001).

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 ¶ 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

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

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

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Project No. 11953–000]

Symbiotics, LLC.; Notice Granting Late

Intervention

December 18, 2001.

On November 26, 2001, the

Commission issued a notice of the

preliminary permit application filed by

the Symbiotics, LLC. for the Wickiup

Dam Project No. 11953, located on the

Deschutes River, in Deschutes County,

Florida. The notice established August

13, 2001, as the deadline for filing

motions to intervene in the proceeding.

On November 26, 2001, a motion to

intervene was filed late by American

Rivers and WaterWatch of Oregon.

Granting the late motion to intervene

will not unduly delay or disrupt the

proceeding or prejudice other parties to

it. Therefore, pursuant to Rule 214,1 the

late motion to intervene filed in this

proceeding by American Rivers and

WaterWatch of Oregon is granted,

subject to the Commission’s rules and

regulations.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 01–31592 Filed 12–21–01; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. EL02–41–000, et al.]

Pittsfield Generating Company, L.P., et

al.; Electric Rate and Corporate

Regulation Filings

December 18, 2001.

Take notice that the following filings

have been made with the Commission.

Any comments should be submitted in

accordance with Standard Paragraph E

at the end of this notice.

1. Pittsfield Generating Company, L.P.

[Docket Nos. EL02–41–000 and QF88–21–

009]

Take notice that on November 27,

2001, Pittsfield Generating Company,

L.P. filed in the above-referenced docket

a request for waiver of the efficiency

standard.

A copy of the filing was served on all

parties listed in this docket, all parties

listed in Docket No. ER98–4400–000,

the Massachusetts Department of

Telecommunications and Energy,

Commonwealth Electric Company,

Cambridge Electric Light Company, and

New England Power Company.

Comment Date: January 8, 2002.

2. Shady Hills Power Company, L.L.C.

[Docket No. EG02–45–000]

Take notice that on December 13,

2001, Shady Hills Power Company,

L.L.C. (Shady Hills Power) filed with

the Federal Energy Regulatory

Commission (Commission) an

application for determination of exempt

wholesale generator status pursuant to

part 365 of the Commission’s

regulations.

Shady Hills Power owns a 480 MW

generating facility that is under

construction in New Port Richey,

Florida (the Facility). When completed,

the Facility will be interconnected to

the transmission system of Florida

Power Corporation. The Facility is

scheduled to begin commercial

operation in March 2002.

Comment Date: January 8, 2002. The

Commission will limit its consideration

of comments to those that concern the

adequacy or accuracy of the application.

3. LSP-Pike Energy, LLC

[Docket No. EG02–46–000]

On December 13, 2001, LSP-Pike

Energy, LLC (Pike) filed with the

Federal Energy Regulatory Commission

(Commission) an application for

determination of exempt wholesale

generator status pursuant to section 32

66412 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Notices

of the Public Utility Holding Company

Act of 1935 (PUHCA) and part 365 of

the Commission’s regulations.

As more fully explained in the

application, Pike is a limited liability

company that will be engaged either

directly or indirectly and exclusively in

the business of owning and operating an

electric generation facility located in

Mississippi.

Comment Date: January 8, 2002. The

Commission will limit its consideration

of comments to those that concern the

adequacy or accuracy of the application.

4. Blue Spruce Energy Center, LLC

[Docket No. EG02–47–000]

Take notice that on December 14,

2001, Blue Spruce Energy Center, LLC

(Blue Spruce) filed with the Federal

Energy Regulatory Commission

(Commission) an application for

determination of exempt wholesale

generator status pursuant to part 365 of

the Commission’s regulations.

Blue Spruce, a Delaware limited

liability company, proposes to own and

operate a 336 MW electric generating

facility and sell the output at wholesale

to electric utilities, an affiliated power

marketer and other purchasers. The

facility is a natural gas-fired, simple

cycle generating facility, which is under

development in Adams County,

Colorado.

Comment Date: January 8, 2002. The

Commission will limit its consideration

of comments to those that concern the

adequacy or accuracy of the application.

5. Duke Energy Marshall County, LLC

[Docket No. EG02–48–000]

Take notice that on December 12,

2001, Duke Energy Marshall County,

LLC (Duke Marshall) filed an

application with the Federal Energy

Regulatory Commission (the

Commission) for determination of

exempt wholesale generator status

pursuant to section 32 of the Public

Utility Holding Company Act of 1935,

as amended, and part 365 of the

Commission’s regulations.

Duke Marshall is a Delaware limited

liability company that will be engaged

directly and exclusively in the business

of operating all or part of one or more

eligible facilities to be located in

Marshall County, Kentucky. The eligible

facilities will consist of an

approximately 640 MW dual fuel fired

simple cycle electric generation plant

and related interconnection facilities.

The output of the eligible facilities will

be sold at wholesale.

Comment Date: January 8, 2002. The

Commission will limit its consideration

of comments to those that concern the

adequacy or accuracy of the application.

6. Progress Energy, Inc. on Behalf of

Florida Power Corporation

[Docket No. ER02–534–000]

Take notice that on December 13,

2001, Florida Power Corporation (FPC)

filed a Service Agreement with DTE

Energy Trading, Inc. under FPC’s ShortForm Market-Based Wholesale Power

Sales Tariff (SM–1), FERC Electric Tariff

No. 10. A copy of this filing was served

upon the Florida Public Service

Commission and the North Carolina

Utilities Commission.

FPC is requesting an effective date of

November 20, 2001 for this Agreement.

Comment Date: January 3, 2002.

7. Xcel Energy Services, Inc.

[Docket No. ER02–535–000]

Take notice that on December 13,

2001, Xcel Energy Services, Inc. (XES),

on behalf of Northern States Power

Company and Northern States Power

Company (Wisconsin) (collectively,

NSP), submitted for filing a Form of

Service Agreement with Lighthouse

Energy Trading, Inc. (Lighthouse),

which is in accordance with NSP’s Rate

Schedule for Market-Based Power Sales

(NSP Companies FERC Electric Tariff,

Original Volume No. 6).

XES requests that this agreement

become effective on October 24, 2001.

Comment Date: January 3, 2002.

8. Progress Energy, Inc. on behalf of

Florida Power Corporation

[Docket No. ER02–536–000]

Take notice that on December 13,

2001, Florida Power Corporation (FPC)

filed a Service Agreement with The

Detroit Edison Company under FPC’s

Short-Form Market-Based Wholesale

Power Sales Tariff (SM–1), FERC

Electric Tariff No. 10. A copy of this

filing was served upon the Florida

Public Service Commission and the

North Carolina Utilities Commission.

FPC is requesting an effective date of

November 20, 2001 for this Agreement.

Comment Date: January 3, 2002.

9. Shady Hills Power Company, LLC

[Docket No. ER02–537–000]

Take notice that on December 13,

2001, Shady Hills Power Company, LLC

(Shady Hills Power) tendered for filing

with the Federal Energy Regulatory

Commission (Commission) an

application for an order accepting its

FERC Electric Tariff No. 1, granting

certain blanket approvals, including the

authority to sell electricity at marketbase rates, and waiving certain

regulations of the Commission. Shady

Hills Power requested expedited

Commission consideration. Shady Hills

Power requested that its Rate Schedule

No. 1 become effective upon the earlier

of the date the Commission authorizes

market-based rate authority, or 30-days

from the date of this filing. Shady Hills

Power also filed its FERC Electric Tariff

No. 1.

Comment Date: January 3, 2002.

10. LSP-Pike Energy, LLC

[Docket No. ER02–538–000]

Take notice that on December 13,

2001, LSP-Pike Energy, LLC (Pike) filed

with the Federal Energy Regulatory

Commission (Commission), under

section 205 of the Federal Power Act

(FPA), an application requesting that the

Commission (1) accept for filing its

proposed market-based FERC Rate

Schedule No. 1; (2) grant blanket

authority to make market-based

wholesale sales of capacity and energy

under the FERC Rate Schedule No. 1; (3)

grant authority to sell ancillary services

at market-based rates; and (4) grant such

waivers and blanket authorizations as

the Commission has granted in the past

to other nonfranchised entities with

market-based rate authority.

Comment Date: January 3, 2002.

11. Mid-Continent Area Power Pool

[Docket No. ER02–539–000]

Take notice that on December 13,

2001, the Mid-Continent Area Power

Pool, on behalf of its public utility

members, filed executed short-term firm

and non-firm service agreements under

MAPP Schedule F with Exelon

Generating Company, LLC.

Comment Date: January 3, 2002.

12. Michigan Electric Transmission

Company

[Docket No. ER02–540–000]

Take notice that on December 13,

2001 Michigan Electric Transmission

Company (METC) tendered for filing an

unexecuted Generator Interconnection

and Operating Agreement Between

METC and Tallmadge Generation

Company, LLC [Generator] (Agreement).

Generator had requested that the

unexecuted Agreement be filed. METC

requested that the Agreement be

allowed to become effective December

13, 2001.

Copies of the filing were served upon

Generator and the Michigan Public

Service Commission.

Comment Date: January 3, 2002.

13. Michigan Electric Transmission

Company

[Docket No. ER02–541–000]

Take notice that on December 13,

2001, Michigan Electric Transmission

Company (METC) tendered for filing an

executed Service Agreement for

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Notices 66413

Network Integration Transmission

Service and a Network Operating

Agreement with Midwest Energy

Cooperative (Midwest) and Wabash

Valley Power Association, Inc. (Wabash)

pursuant to METC’s Open Access

Transmission Service Tariff (METC

FERC Electric Tariff No. 1). Copies of

the filed agreements were served upon

the Michigan Public Service

Commission, Wabash and Midwest.

METC is requesting an effective date

of January 1, 2002 for the Agreements.

Comment Date: January 3, 2002.

14. Tucson Electric Power Company

[Docket No. ER02–542–000]

Take notice that on December 17,

2001, Tucson Electric Power Company

tendered for filing one (1) Umbrella

Service Agreement (for short-term firm

service) and one (1) Service Agreement

(for non-firm service) pursuant to Part II

of Tucson’s Open Access Transmission

Tariff, which was filed in Docket No.

ER01–208–000.

The details of the service agreements

are as follows: Umbrella Agreement for

Short-Term Firm Point-to-Point

Transmission Service dated as of

September 26, 2001 by and between

Tucson Electric Power Company El Paso

Electric Company—FERC Electric Tariff

Vol. No. 2, Service Agreement No. 176.

No service has commenced at this time.

Form of Service Agreement for NonFirm Point-to Point Transmission

Service dated as of September 26, 2001

by and between Tucson Electric Power

Company El Paso Electric Company—

FERC Electric Tariff Vol. No. 2, Service

Agreement No. 177. No service has

commenced at this time.

Comment Date: January 7, 2002.

15. Duke Energy Corporation

[Docket No. ER02–543–000]

Take notice that on December 11,

2001, Duke Electric Transmission

(Duke), a division of Duke Energy

Corporation, tendered for filing a

Service Agreement with PSEG Energy

Resources for Firm Transmission

Service under Duke’s Open Access

Transmission Tariff. Duke requests that

the proposed Service Agreement be

permitted to become effective on

November 27, 2001. Duke states that

this filing is in accordance with part 35

of the Commission’s regulations, 18 CFR

35, and that a copy has been served on

the North Carolina Utilities

Commission.

Comment Date: January 2, 2002.

16. American Transmission Company

LLC

[Docket No. ER02–548–000]

Take notice that on December 14,

2001, American Transmission Company

LLC (ATCLLC) tendered for filing

Generation-Transmission

Interconnection Agreements for the Port

Washington Power Plant, Power the

Future Units and the Oak Creek Power

Plant, Power the Future Units between

Wisconsin Electric Power Company and

ATCLLC. ATCLLC requests and

effective date of December 14, 2001.

Comment Date: January 4, 2002.

17. Entergy Services, Inc.

[Docket No. ER02–550–000]

Take notice that on December 14,

2001, Entergy Services, Inc. (Entergy

Services), on behalf of Entergy

Arkansas, Inc., Entergy Gulf States, Inc.,

Entergy Louisiana, Inc., Entergy

Mississippi, Inc., and Entergy New

Orleans, Inc. (collectively, the Entergy

Operating Companies), submitted for

filing the Second Revised Network

Integration Transmission Service

Agreement between Energy Services, as

agent for the Entergy Operating

Companies, and Louisiana Generating

LLC.

Comment Date: January 4, 2002.

Standard Paragraph

E. Any person desiring to be heard or

to protest such 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

214 of the Commission’s rules of

practice and procedure (18 CFR 385.211

and 385.214). All such motions or

protests should be filed on or before the

comment date. 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 motion to intervene. Copies

of this filing are on file with the

Commission and are available for public

inspection. This filing may also be

viewed on the web at http://

www.ferc.gov using the ‘‘RIMS’’ link,

select ‘‘Docket#’’ and follow the

instructions (call 202–208–2222 for

assistance). 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.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 01–31590 Filed 12–21–01; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Project No. 4718–011]

Cocheco Falls Associates; Notice of

Availability of Environmental

Assessment

December 18, 2001.

An environmental assessment (EA) is

available for public review. The EA is

for petitions to revise the license for the

Cocheco Falls Project with respect to

fish passage. The EA recommends

reasonable modifications to project

structures and operation to benefit fish

passage and that such modifications

would not constitute a major federal

action significantly affecting the quality

of the human environment.

The EA was written by staff in the

Office of Energy Projects, Federal

Energy Regulatory Commission. Copies

of the EA can be viewed in the

Reference and Information Center,

Room 2A, of the Commission’s Offices

at 888 First Street, NE., Washington, DC

20426. The EA may also be viewed on

the web at http://www.ferc.gov using the

‘‘RIMS’’ link-select ‘‘Docket #’’ and

follow the instructions (call 202–208–

2222 for assistance).

Comments on the EA are invited. Any

comments, conclusions, or

recommendations that draw upon

studies, reports, or other working papers

for substance should be supported by

appropriate documentation. Comments

should be filed within 30 days from the

date of this notice with Linwood A.

Watson, Jr., Acting Secretary, 888 First

Street, NE., Washington, DC 20426, and

should reference Project No. 4718.

For further information, please

contact Mr. Robert H. Grieve at (202)

219–2655.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 01–31596 Filed 12–21–01; 8:45 am]

BILLING CODE 6717–01–P