[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Notices]
[Pages 33800-33801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15941]
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DEPARTMENT OF ENERGY
[Docket No. EL95-48-000, Project No. 2042-001]
Public Utility District No. 1 of Pend Oreille County, Washington;
Notice Establishing Comment Period for Petition for Declaratory Order
June 23, 1995.
On May 24, 1995, the Public Utility District No. 1 of Pend Oreille
County, Washington, filed a pleading styled ``Petition for a
Declaratory Order or, in the Alternative, Application To Amend License,
and Request for Hearing'' concerning the Box Canyon Project No. 2042.
The project is located on the Pend Oreille River in Pend Oreille
County, Washington, and Bonner County, Idaho.
The licensee requests that the Commission issue a declaratory order
finding, among other things, that its license for the project, as
issued in 1952 and as amended in 1963, authorizes the occupancy and use
of Indian lands for power generation.\1\
\1\ In the alternative, if the Commission declines to issue a
declaratory order, the licensee requests that the Commission amend
its license to authorize the use and occupancy of Indian lands as
necessary to continue with existing project operations, and to
establish annual charges for affected Tribal lands under Section
10(e) of the Federal Power Act (FPA). The licensee further requests
that, if material issues of fact must be resolved related to either
the requested declaratory order or license amendment, an opportunity
for an evidentiary hearing be granted.
[[Page 33801]]
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Pursuant to Rule 213(d) of the Commission's regulations, answers to
petitions are due within 30 days after filing, unless otherwise
ordered.\2\ Some of the issues presented in the petition are currently
under review in the complaint docket for Project No. 2042-001. To avoid
possible confusion and to ensure adequate notice to all interested
persons, the Commission staff has determined that notice of the
petition for a declaratory order should be published and that the
deadline for filing an answer, comments, protests, or petitions to
intervene in connection to the licensee's petition for a declaratory
order should be as established in this notice.
\2\ 18 CFR 385.213(d)(2) (1995). See also 18 CFR 385.202 (1995).
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Any party to the complaint proceeding may file an answer to the
petition for a declaratory order; and any person may file comments, a
protest, or a motion to intervene in Docket No. EL95-48-000; in
accordance with the requirements of the Rules of Practice and
Procedure, 18 CFR 385.210, 385.211, 385.213, and 385.214 (1995). In
determining the appropriate action to take with respect to the
petition, 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 24, 1995.
Lois D. Cashell,
Secretary.
[FR Doc. 95-15941 Filed 6-28-95; 8:45 am]
BILLING CODE 6717-01-M
