[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Notices]
[Page 33856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16290]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 460-009]
City of Tacoma, WA; Notice Establishing Comment Period for
Complaint and Motion for Interim License Conditions
June 17, 1997.
On June 3, 1997, the Skokomish Indian Tribe filed a document
entitled ``Complaint for Violation of an Annual License, Petition for
Declaratory Order, and Motion To Establish Interim License Conditions
and Other Relief.'' The tribe requests, pursuant to 18 CFR 385.206,
385.107, and 385.212 of the Commission's regulations, that the
Commission find the City of Tacoma to be in violation of its annual
license for the Cushman Hydroelectric Project No. 460.\1\ The Tribe
also requests that the Commission impose interim conditions on that
annual license pending a final decision on Tacoma's application for a
new license for the project.
---------------------------------------------------------------------------
\1\ Although styled as both a complaint and a petition for a
declaratory order, the Tribe's request is, in essence, a complaint,
because the petition simply seeks a declaratory order finding Tacoma
in violation of its annual license.
---------------------------------------------------------------------------
Pursuant to Rule 213(d) of the Commission's regulations, answers to
motions are due within 15 days after filing, and answers to complaints
are due within 30 days after filing or, if noticed, after publication
of notice in the Federal Register, unless otherwise ordered.\2\ In
general, the Commission's policy is to publish notice in the Federal
Register of complaints against hydroelectric licensees.\3\ Because the
Tribe's complaint and motion are filed together and address related
issues, the Commission has determined that they should be considered
together and that a single comment period should be established for
them, as provided in this notice.
---------------------------------------------------------------------------
\2\ 18 CFR 385.213(d). See also 18 CFR 385.202.
\3\ 18 CFR 2.1(a)(1)(iii)(J).
---------------------------------------------------------------------------
The Commission has also determined that, because the Tribe's
complaint concerns Tacoma's compliance with the terms and conditions of
its annual license and the possible need for interim conditions pending
relicensing, they are not properly part of the ongoing relicensing
proceeding, but rather, constitute a separate proceeding involving only
the Tribe, as complainant, and Tacoma, as licensee. Accordingly, any
other interested entities that wish to participate in this proceeding,
including parties to the Cushman relicensing proceeding, must file a
motion to intervene.
Any person may file an answer, comments, protest, or a motion to
intervene with respect to the Tribe's complaint and motion in
accordance with the requirements of the Rules of Practice and
Procedure, 18 CFR 385.210, 385.211, 385.213, and 385.214. In
determining the appropriate action to take with respect to the
complaint and motion, 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 answers, comments, protests, or motions to intervene
must be received no later than July 25, 1997.
Lois D. Cashell,
Secretary.
[FR Doc. 97-16290 Filed 6-20-97; 8:45 am]
BILLING CODE 6717-01-M
