[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