[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Notices]
[Page 16089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8985]



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DEPARTMENT OF ENERGY
[Project Nos. 4376-001, 4437-000, 6984-000, 9787-000, 10100-000, 10269-
000, 10311-000, 10416-000]


Order Granting Extension of Time

April 5, 1996.
    In the matter of High Country Resources, Glacier Energy Company, 
The Cascade Group, Scott Paper Company and Washington Hydro 
Associates, Cascade River Hydro, Washington Hydro Development Corp., 
Skagit River Hydro, and Washington Hydro Development Corp.

    On February 12, 1996, counsel for Cascade River Hydro, Skagit River 
Hydro, and Washington Hydro Development Corp. filed a motion requesting 
a 60 day extension of time for filing reply comments to fish and 
wildlife agency recommendations and terms and conditions for projects 
proposed in the Skagit River Basin, Washington. Because the reply 
comment due date of March 29, 1996 has already passed, I am granting an 
extension of time. However, it will not be for the full 60 days 
requested.
    These movants also request that late-filed fish and wildlife agency 
letters containing recommendations and terms and conditions be 
considered under Section 10(a) of the Federal Power Act (FPA), pursuant 
to section 4.34 of the Commission's regulations.\1\ Further, they 
request that a new schedule for filing comments be established under 
Section 10(a) of the FPA.

    \1\ 18 CFR 4.34.
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    In a letter dated October 20, 1995, participants were requested to 
file recommendations and terms and conditions pursuant to Sections 
4(e), 10(a), and 10(j) of the FPA, and prescriptions pursuant to 
Section 18 of the FPA by December 4, 1995. Any reply comments were due 
January 3, 1996.
    The Washington Department of Fish and Wildlife filed timely 
recommendations and terms and conditions on December 4, 1995. The U.S. 
Fish and Wildlife Service (FWS) filed late terms and conditions and 
prescriptions on December 11, 1995. In a notice issued on January 29, 
1996, the Commission, among other things, extended the time for filing 
reply comments until March 29, 1996.
    The movants contend that they cannot fully comment on the proffered 
recommendations, terms, and conditions unless they know whether the 
Commission will treat those untimely filed as recommendations pursuant 
to Federal Power Act Section 10(a) or Sections 10(j) and 18. I 
disagree. The movants need only provide comments on whether they accept 
or oppose the recommendations, terms and conditions, and state the 
reasons therefore. The Commission's ultimate decision concerning the 
status of these recommendations need not be decided in order for the 
movants to assess their merit.
    Therefore, there is no need to establish a new filing schedule 
pursuant to Section 10(a). Because the March 29 reply comment deadline 
has passed, I will allow the movants an additional 30 days to file 
those comments.
    The Director orders:
    (A) The deadline for filing reply comments to fish and wildlife 
agency recommendations, terms and conditions, and prescriptions is 
extended 30 days from the issuance date of this order, and the request 
for a new schedule for filing reply comments under section 10(a) of the 
FPA is denied.
    (B) This order constitutes final agency action. Requests for 
rehearing by the Commission may be filed within 30 days of the date of 
issuance of this order, pursuant to 18 CFR Section 385.713.
Fred E. Springer,
Director, Office of Hydropower Licensing.
[FR Doc. 96-8985 Filed 4-10-96; 8:45 am]
BILLING CODE 6717-01-M