[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]


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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.
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    \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.
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    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.
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    \2\ 18 CFR 385.213(d). See also 18 CFR 385.202.
    \3\ 18 CFR 2.1(a)(1)(iii)(J).
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    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