[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Notices]
[Page 11883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6254]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. UL96-18-001]


Hubbardston Hydro Company; Notice Rejecting Request for Rehearing

March 5, 1998.
    On December 23, 1997, the Acting Director, Office of Hydropower 
Licensing, issued on order finding that the existing unlicensed 
Hubbardston Hydro Project, located on Fish Creek in Ionia County, 
Michigan, is required to be licensed.\1\ On February 2, 1998, 
Hubbardston Hydro Company filed a late request for rehearing of that 
order.
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    \1\ 81 FERC para. 62,223. Hubbardston cites to a January 6, 
1998, letter transmitting a copy of the order to Hubbardston. 
However, the only date that is relevant is the issuance date which 
is clearly identified immediately beneath the title of the order.
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    Section 313(a) of the Federal Power Act \2\ requires an aggrieved 
party to file a request for rehearing within 30 days after the issuance 
of the Commission's order, in this case by January 22, 1998. Because 
the 30-day deadline for requesting rehearing is statutorily based, it 
cannot be extended and Hubbardston Hydro Company's request for 
rehearing must be rejected as untimely.\3\ However, on February 23, 
1998, Hubbardston filed a motion for reconsideration and clarification 
which the Commission will consider.
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    \2\ 16 U.S.C. 825l.
    \3\ In addition, Hubbardston's pleading raises no allegations of 
error with respect to the December 23, order.
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    This notice constitutes final agency action. Requests for rehearing 
by the Commission may be filed within 30 days of the date of issuance 
of this notice pursuant to 18 CFR 385.713.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-6254 Filed 3-10-98; 8:45 am]
BILLING CODE 6717-01-M