99-3455. Felts Mills Energy Partners, L.P.; Notice Dismissing Request for Rehearing

[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Notices]
[Pages 7177-7178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3455]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Project No. 4715-014]


Felts Mills Energy Partners, L.P.; Notice Dismissing Request for 
Rehearing

February 8, 1999.
    On December 8, 1998, the Director, Office of Hydropower Licensing, 
issued an order granting to the licensee for the Felts Mills Project 
No. 4715 an extension of time to commence construction. On January 7, 
1999, New York Rivers United filed a request for rehearing of the 
Directors order.
    Rule 713 of the Commission's Rules of Practice and Procedure 
provides that rehearing may be sought only with respect to a ``final 
Commission decision or other final order.'' \1\ The Director's order in 
this case, extending the deadline to commence construction, is 
interlocutory, and is therefore not subject to rehearing.\2\ 
Accordingly, New York Rivers United's request for rehearing is 
dismissed.\3\
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    \1\ 18 CFR 385.713(b).
    \2\ See, e.g., Wisconsin Valley Improvement Company, 80 FERC 
para. 61,319 (1997).
    \3\ Even if the rehearing request had not been interlocutory, it 
would have to be rejected since a request for rehearing may be filed 
only by a party to the proceeding. With regard to post-licensing 
proceedings, the Commission only entertains motions to intervene 
where the filings at issue entail material changes in the plan of 
project development or in the terms and conditions of the license, 
or could adversely affect the rights of property-holders in a manner 
not contemplated by the license. See Kings River Conservation 
District, 36 FERC para. 61,365 (1986). Such was not the case here. 
Thus, notice of this proceeding was not issued, and motions to 
intervene were not entertained.
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    This notice constitutes final agency action. Requests for rehearing 
by the Commission of this dismissal notice may be filed within 30 days 
of the date

[[Page 7178]]

of issuance of this notice, pursuant to 18 CFR 385.713.
David P. Boergers,
Secretary.
[FR Doc. 99-3455 Filed 2-11-99; 8:45 am]
BILLING CODE 6717-01-M