[Federal Register Volume 66, Number 244 (Wednesday, December 19, 2001)]
[Notices]
[Pages 65478-65479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31235]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Transfer of Licenses and Substitution of Relicense 
Applicant, Soliciting Comments, Motions to Intervene, and Protests

December 13, 2001.
    Take notice that the following hydroelectric applications have been 
filed with the Commission and are available for public inspection:
    a. Application Types and Project Nos: (1) Transfer of 26 
Hydroelectric Licenses for Project Nos. 77-116, 96-031, 137-031, 175-
018, 178-015, 233-082, 606-020, 619-095, 803-055, 1061-056, 1121-058, 
1333-037, 1354-029, 1403-042, 1962-039, 1988-030, 2105-087, 2106-039, 
2107-012, 2130-030, 2155-022, 2310-120, 2467-016, 2661-016, 2687-022, 
and 2735-071; (2) Request for Substitution of Applicant for New License 
in Project Nos. 233-081, 1354-005, 2107-010, 2661-012, and 2687-014; 
and (3) Transfer of Transmission-Line-Only Licenses for Project Nos. 
2118-006, 2281-005, 2479-003, 2678-001, 2781-004, 2784-001, 4851-004, 
5536-001, 5828-003, 7009-004, and 10821-002.
    b. Date Filed: November 30, 2001.
    c. Applicants: Pacific Gas and Electric Company (PG&E), 
subsidiaries of Electric Generation LLC, and ETrans LLC. The City of 
Santa Clara, CA, is now and will remain co-licensee for Project No. 
619.\1\
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    \1\ The application requests waiver of any requirement for 
making Santa Clara a co-applicant. It also states that PG&E is 
hopeful that it can obtain Santa Clara's support for the 
application. Failure to make Santa Clara a co-applicant may delay 
the processing of the application for Project No. 619.
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    d. Project Names, Federal land use, and Locations: All of these 
projects are in California.
    Hydroelectric Projects: The Potter Valley Project is in Mendocino 
National Forest (NF) on the Eel and East Fork Russian Rivers in Lake 
and Mendocino Counties. The Kerchoff 1 and 2 Project uses Bureau of 
Land Management (BLM) and Bureau of Reclamation (BOR) land and is in 
Sierra NF on the San Joaquin River in Fresno and Madera Counties. The 
Mokelumne Project uses BLM land and is in Stanislaus NF and El Dorado 
NF on the Mokelumne River, its tributaries, and the Bear River in 
Alpine, Amador, and Calaveras Counties. The Balch 1 and 2 Project is in 
Sierra NF and Sequoia NF on the North Fork Kings River in Fresno 
County. The Kern Canyon Project is in Sequoia NF on the Kern River in 
Kern County. The Pit 3, 4, and 5 Project is in Shasta NF on the Pit 
River in Shasta County. The Kilarc-Cow Project uses BLM land on Old Cow 
and South Cow Creeks in Shasta County. The Bucks Creek Project is in 
Plumas NF and Lasses NF on Bucks and Grizzly Creeks in Plumas County. 
The Desabla-Centerville Project uses BLM land and is in Lassen NF on 
the West Branch Feather River and Butte Creek in Butte County. The 
Phoenix Project uses BLM land and is in Stanislaus NF on the South Fork 
of the Stanislaus River in Tuolumne County. The Battle Creek Project is 
in Lassen NF on Battle Creek in Shasta and Tehama Counties. The Tule 
River Project is in Sequoia NF on the North Fork of the Middle Fork 
Tule River in Tulare County. The Crane Valley Project is in Sierra NF 
on various creeks within the San Joaquin River Basin in Fresno and 
Madera Counties. The Narrows Project uses U.S. Army Corps of Engineers 
(COE) land on the Yuba River in Nevada County. The Rock Creek-Cresta 
Project is in Plumas NF on the North Fork Feather River in Butte and 
Plumas Counties. The Hass-Kings Project uses COE and BLM land and is in 
Sierra NF and Sequoia NF on the North Fork Kings River in Fresno 
County. The Upper North Fork Feather River Project is in Plumas NF and 
Lassen NF on the North Fork Feather River in Plumas County. The 
McCloud-Pit Project uses BLM land and is in Shasta-Trinity NF on the 
McCloud and lower Pit Rivers in Shasta County. The Poe Project is in 
Plumas NF on the North Fork Feather River in Butte County. The Spring 
Gap-Stanislaus Project is in Stanislaus NF on the Stanislaus River and 
tributaries in Calaveras and Tuolumne Counties. The Chili Bar Project 
uses BLM land and is in El Dorado NF on the South Fork of the American 
River in El Dorado County. The Drum-Spaulding Project uses BLM land and 
is in Tahoe NF on the South Yuba and Bear Rivers in Nevada and Placer 
Counties. The Merced Falls Project uses BLM land on the Merced River in 
Merced and Mariposa Counties. The Hat Creek 1 and 2 Project is on Hat 
Creek in Shasta County. The Pit 1 Project is on the Tule, Little Tule, 
Fall, and Pit Rivers in Shasta County. The Helms Project uses BOR land 
and is in Sierra NF on Helms Creek and the North Fork Kings River in 
Fresno County.
    Transmission-Line-Only Projects: The Donnells-Standard City Project 
uses BOR land and is in Stanislaus NF in Tuolumne County. The Woodleaf-
Palermo Project is in Plumas NF in Butte County. The French Meadows 
Project is in El Dorado NF and Tahoe NF in San Francisco County. The 
Narrows No. 2--Smartville Project uses COE land in Yuba and Nevada 
Counties. The New Melones Project uses COE and BLM land in Calaveras 
County. The Rollins Project is in Nevada and Placer Counties. The Sly 
Creek Project is in Plumas NF in Butte County. The Pardee Tap No. 2 and 
Camanche Project is in Calaveras, Amador, and San Joaquine Counties. 
The Monticello Project uses BOR land in Solano and Napa Counties. The 
Friant Project uses BOR land in Fresno County. The Camp Far West 
Project is in Placer and Yuba Counties.
    e. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    f. Applicant Contacts: Ms. Annette Faraglia, Pacific Gas and 
Electric Company, P.O. Box 7442, San Francisco, CA 94120-7442, (415) 
973-7145 and Mr. John A. Whittaker, IV, Winston & Strawn, 1400 L Street 
NW, Washington, DC 20005, (202) 371-5700.
    g. FERC Contact: James Hunter, (202) 219-2839.
    h. Deadline for filing motions to intervene, protests, and 
comments: 60 days from the issue date of this notice.
    i. All documents (original and eight copies) should be filed with: 
Linwood A. Watson, Jr., Acting Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE, Washington DC 20426. 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 at http://www.ferc.gov under the ``e-
Filing'' link. Please include the noted project numbers on any comments 
or motions filed.
    j. Description of Proposal: PG&E requests approval to transfer 
PG&E's 26 hydroelectric licenses and 11 transmission-line-only licenses 
to other entities. The purpose of these applications is to implement 
one part of a comprehensive Plan of Reorganization (Plan) for PG&E 
under the U.S.

[[Page 65479]]

Bankruptcy Code. Under the Plan, PG&E will separate and restructure its 
businesses and divide its operations and assets among different 
operating companies. As to PG&E's FPA Part I jurisdictional facilities, 
the Plan proposes that PG&E's 26 licensed hydroelectric projects and 
related licenses be transferred to 26 separate California limited 
liability company subsidiaries (LLC Subs) of a new generation company 
(Electric Generation LLC ), which will operate and maintain the 
projects for the LLC Subs under leases with them, and that PG&E's 11 
transmission-line-only projects and related licenses be transferred to 
a new transmission company (ETrans LLC). The names of the LLC Subs 
mirror the name of the project of which they are to become the new 
licensee. For example, for the Potter Valley Project No. 77, the name 
of the LLC Sub that will become the new licensee of the project is 
Potter Valley Project LLC. After the consummation of the Plan, PG&E, as 
a reorganized company, will operate as a stand alone local electric and 
gas distribution business. PG&E intends to retain property rights in 
certain project facilities that involve energy distribution functions 
in Project Nos. 77, 96, 137, 175, 233, 619, 803, 1333, 1354, 1403, 
2130, 2310, and 2467.
    The transfer applications were filed within five years of the 
expiration of the licenses for Project Nos. 233, 1354, 2107, 2661, and 
2687, which are subject of pending relicense applications. In 
Hydroelectric Relicensing Regulations Under the Federal Power Act (54 
F.R. 23,756; FERC Stats. and Regs., Regs. Preambles 1986-1990 30,854 at 
p. 31,437), the Commission declined to forbid all license transfers 
during the last five years of an existing license, and instead 
indicated that it would scrutinize all such transfer requests to 
determine if the transfer's primary purpose was to give the transferee 
an advantage in relicensing (id. at p. 31,438 n. 318).
    Several of the transfer applications also contain separate requests 
for approval of the substitution of the transferee for the transferor 
as the applicant in the pending relicensing applications filed by PG&E 
in Project Nos. 233-081, 1354-005, 2107-010, 2661-012, and 2687-014.
    k. Copies of these filings are on file with the Commission and are 
available for public inspection. The filings 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). 
Copies are also available for inspection and reproduction at the 
addresses in item f above.
    l. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    Comments, Protests, or Motions to Intervene--Anyone may submit 
comments, a protest, or a motion to intervene in accordance with the 
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, 
.214. In determining the appropriate action to take, 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 comments, protests, or 
motions to intervene must be received on or before the specified 
comment date for the particular application.
    Filing and Service of Responsive Documents--Any filings must bear 
in all capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION 
TO INTERVENE'', as applicable, and the Project Number of the particular 
application to which the filing refers. An additional copy must be sent 
to the Director, Division of Hydropower Administration and Compliance, 
Federal Energy Regulatory Commission, at the above-mentioned address. A 
copy of any motion to intervene must also be served upon each 
representative of the Applicant specified in the particular 
application.
    Agency Comments--Federal, state, and local agencies are invited to 
file comments on the described application. A copy of the application 
may be obtained by agencies directly from the Applicant. If an agency 
does not file comments within the time specified for filing comments, 
it will be presumed to have no comments. One copy of an agency's 
comments must also be sent to the Applicant's representatives.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-31235 Filed 12-18-01; 8:45 am]
BILLING CODE 6717-01-P