E6-7697. Duke Power Company LLC; West Fork and Bryson Hydroelectric Projects; Notice of Proposed Restricted Service List for a Programmatic Agreement for Managing Properties Included in or Eligible for Inclusion in the National Register of Historic ...

May 12, 2006.

Rule 2010 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure provides that, to eliminate unnecessary expense or improve administrative efficiency, the Secretary may establish a restricted service list for a particular phase or issue in a proceeding.^[1] The restricted service list should contain the names of persons on the service list who, in the judgment of the decisional authority establishing the list, are active participants with respect to the phase or issue in the proceeding for which the list is established.

The Commission staff is consulting with the North Carolina State Historic Preservation Officer (hereinafter, SHPO) and the Advisory Council on Historic Preservation (hereinafter, Council) pursuant to the Council's regulations, 36 CFR part 800, implementing section 106 of the National Historic Preservation Act, as amended, (16 U.S.C. 470 f), to prepare and execute two programmatic agreements for managing properties included in, or eligible for inclusion in, the National Register of Historic Places at the West Fork Hydroelectric Project No. 2686-032 (SHPO Reference Number ER03-2382) and at the Bryson Hydroelectric Project No. 2601-007 (SHPO Reference Number ER03-0340).

The programmatic agreements, when executed by the Commission and the SHPO would satisfy the Commission's section 106 responsibilities for all individual undertakings carried out in accordance with each license until each license expires or is terminated (36 CFR 800.13[e]). The Commission's responsibilities pursuant to section 106 for the West Fork and Bryson Projects would be fulfilled through the execution of a programmatic agreement for each project, which the Commission proposes to draft in consultation with certain parties listed below. The executed programmatic agreement for each project would be incorporated into any Order issuing a license for the respective project.

Duke Power Company LLC, as licensee for Project Nos. 2686 and 2601, and the Eastern Band of Cherokee Indians have expressed an interest in these proceedings and are invited to participate in consultations to develop the programmatic agreements.

For purposes of commenting on the programmatic agreement, we propose to restrict the service list for the aforementioned project as follows:

Don Klima or Representative, Advisory Council on Historic Preservation, The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW., Washington, DC 20004.

Jennifer Huff or Representative, Duke Power, P.O. Box 1006, Mail Code EC12Y, Charlotte, NC 28201-1006.

Renee Gledhill-Earley, North Carolina Department of Cultural Resources, 4617 Mail Service Center, Raleigh, NC 27699-4617.

Eastern Band of Cherokee Indians, Attention: Tyler Howe, Qualla Boundary, P.O. Box 455, Cherokee, NC 28719.

Any person on the official service list for the above-captioned proceeding may request inclusion on the restricted service list, or may request that a restricted service list not be established, by filing a motion to that effect within 15 days of this notice date. In a request for inclusion, please identify the reason(s) why there is an interest to be included. Also please identify any concerns about historic properties, including Traditional Cultural Properties. If historic properties are to be identified within the motion, please use a separate page, and label it NON-PUBLIC Information.

An original and 8 copies of any such motion must be filed with Magalie Salas, the Secretary of the Commission (888 First Street, NE., Washington, DC 20426) and must be served on each person whose name appears on the official service list. Please put the project names “West Fork Project” and “Bryson Project” and numbers “P-2686-032” and “P-2601-007” on the front cover of any motion. If no such motions are filed, the restricted service list will be effective at the end of the 15 day period. Otherwise, a further notice will be issued ruling on any motion or motions filed within the 15 day period.

Magalie Salas,

Secretary.

Footnotes

1.  18 CFR 385.2010.