98-13201. Felts Mills Energy Partners, L.P.; Notice Dismissing Request for Rehearing

[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Notices]
[Page 27574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13201]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Project No. 4715-012]


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

May 13, 1998.
    On March 17, 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 comply with the requirements of 
Articles 205 and 405 of its license. On April 17, 1998, New York Rivers 
United filed a request for rehearing of the Director's 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, allowing the licensee additional time to submit its plan and 
aperture cards, is interlocutory, and is not therefore 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 dismissed 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 of issuance of this notice, pursuant to 18 CFR 385.713.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-13201 Filed 5-18-98; 8:45 am]
BILLING CODE 6717-01-M