[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Notices]
[Page 11204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6499]



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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2030-025]


The Confederated Tribes of the Warm Springs Reservation of 
Oregon, Portland General Electric Company; Notice Establishing Comment 
Period for Petition for Declaratory Order

March 13, 1996.
    On February 15, 1996, the Confederated Tribes of the Warm Springs 
Reservation of Oregon (Tribes) filed a petition for a declaratory order 
to determine, on an expedited basis, the existing licensee(s) of the 
Pelton Hydroelectric Project No. 2030 for purposes of relicensing. The 
project is located on the Deschutes River in Jefferson County, Oregon.
    The original license for the Pelton Project was issued to Portland 
General Electric Company on December 21, 1951. The license expires on 
December 31, 2001. Pursuant to an order amending the license for the 
Pelton Project, issued on February 20, 1980, the Tribes are a ``joint 
licensee to the extent of their interest'' in hydropower facilities and 
associated equipment installed at the Pelton Reregulating Dam.\1\ The 
``existing licensee'' is required to inform the Commission of its 
intent to file an application for a new license for the project between 
July 1, 1996, and December 31, 1996.\2\

    \1\ 10 FERC para. 62,142.
    \2\ See 18 CFR 16.6.
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    The Tribes state that it appears unlikely that they and Portland 
General will file a joint application for a new license for the project 
in which their respective interests are as set forth in the present 
license. In these circumstances, the Tribes state that there is 
considerable uncertainty regarding which entity or entities will be 
considered an ``existing licensee'' pursuant to Section 15 of the 
Federal Power Act and Part 16 of the Commission's regulations. They 
therefore request that the Commission determine, on an expedited basis, 
whether the Tribes would be an existing licensee under one or more of 
the following arrangements:
    1. The Tribes file an application individually to own and operate 
the entire Pelton Project.
    2. The Tribes file an application individually to own and operate 
only the Reregulating Dam portion of the Pelton Project.
    3. The Tribes file an application jointly with Portland General to 
own and operate the entire project with the respective interests of the 
joint applicants as set forth in the current license.
    4. The Tribes file an application jointly with Portland General to 
own and operate the entire project with the respective interests of the 
joint applicants significantly different than as set forth in the 
current license.
    5. The Tribes file an application jointly with a third party that 
currently has no interest in the Pelton Project to own and operate the 
entire Pelton Project.
    Pursuant to Rule 213(d) of the Commission's regulations, answers to 
petitions are due within 30 days after filing, unless otherwise 
ordered.\3\ Because there is currently no ongoing Commission proceeding 
regarding the Pelton Project, persons having an interest in its outcome 
may not have received notice of its filing. 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 should be as established in this notice.

    \3\ 18 CFR 385.213(d)(2). See also 18 CFR 385.202.
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    Any person may file an answer, comments, protest, or motion to 
intervene with respect to the Tribe's petition 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 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 April 26, 1996.
Lois D. Cashell,
Secretary.
[FR Doc. 96-6499 Filed 3-18-96; 8:45 am]
BILLING CODE 6717-01-M