[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Notices]
[Page 72333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33419]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulation Commission
[Project Nos. 3721-004, 4896-000]


Puget Sound Energy, Inc. and Dennis V. McGrew & Associates; 
Notice of Effective Date of Withdrawal of License Application and 
Reinstatement of Preliminary Permit Application

December 20, 1999.
    On June 17,1981, Dennis V. McGrew and Associates (McGrew) filed a 
preliminary permit application for the proposed Nooksack Falls Project 
No. 4896, to be located on the North Fork Nooksack River near Glacier 
in Whatcom County, Washington. On February 23, 1982, Puget Sound Power 
and Light Company (Puget) filed a competing license application for the 
proposed Nooksack Falls Project No. 3721, to be located at the same 
site as McGrew's proposed project.\1\ The Commission accepted both 
applications for filing and issued public notice of each.
---------------------------------------------------------------------------

    \1\ Puget subsequently changed its name to Puget Sound Energy, 
Inc.
---------------------------------------------------------------------------

    In a subsequent order issued August 15, 1985,\2\ the Commission 
concluded that McGrew had failed to meet the burden of proof for his 
proposal (i.e., the application failed to substantiate important 
aspects of the proposal, including technical, environmental, and 
economic) as a necessary prerequisite to a comparative analysis with 
Puget's competing application for a license. Accordingly, the 
Commission dismissed McGrew's preliminary permit application without 
prejudice, stating that in the event Puget's application is 
subsequently dismissed or denied, the Commission would reinstate 
McGrew's permit application with its original filing date and without 
it being subject to a proceeding inviting new competitive filings.
---------------------------------------------------------------------------

    \2\ 32 FERC para. 61,229.
---------------------------------------------------------------------------

    On August 10, 1999, Puget withdrew its license application. No one 
filed a motion in opposition to the withdrawal, and the Commission took 
no action to disallow it. Accordingly, pursuant to Rule 216 of the 
Commission's Rules of Practice and Procedure, 18 CFR 385.216, the 
withdrawal became effective on August 25, 1999.
    By letter dated September 29, 1999, McGrew advised the Commission 
that it remains interested in pursuing its preliminary permit 
application for the Nooksack Falls Project. The application is 
therefore reinstated with its original filing date. The Commission will 
entertain no competing applications for the site.
David P. Boergers,
Secretary.
[FR Doc. 99-33419 Filed 12-23-99; 8:45 am]
BILLING CODE 6717-01-M