[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Notices]
[Pages 4818-4819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1430]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Application Accepted for Filing and Soliciting Motions 
To Intervene, Protests, and Comments

January 11, 2001.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 11865-000.
    c. Date filed: November 20, 2000.
    d. Applicant: Kabatica General Partners.
    e. Name of Project: Lower Rocky Creek Project.
    f. Location: On Rocky Creek, in Whatcom County, Washington. The 
project would utilize federal lands within Mt. Baker-Snoqualmie 
National Forest.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Dan Mahar, Kabatica General Partners, 
2210 Huron Street, Bellingham, WA 98226, (360) 739-8128.
    i. FERC Contact: Robert Bell, (202) 219-2806.
    j. Deadline for filing motions to intervene, protests and comments: 
60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with: 
David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 
First Street NE., Washington, DC 20426. ``Comments and protests may be 
filed electronically via the Internet in lieu of paper. See, 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's web site 
at http://www.ferc.fed.us/efi/doorbell.htm''
    The Commission's Rules of Practice and Procedure require all 
interveners filing documents with the Commission to serve a copy of 
that document on each person in the official service list

[[Page 4819]]

for the project. Further, if an intervener files comments or documents 
with the Commission relating to the merits of an issue that may affect 
the responsibilities of a particular resource agency, they must also 
serve a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of: 
(1) An existing 60-foot-long, 60-foot-high Rocky Creek Diversion Dam 
with a negligible impoundment; (2) a proposed intake; (3) a proposed 
300-foot-long, 4-foot-diameter steel penstock; (4) a proposed 
powerhouse containing a generating having an installed capacity of 1 
MW; (5) a proposed tailrace; (6) a proposed 2-mile-long 34 kV 
underground transmission line; and (7) appurtenant facilities.
    The project would have an annual generation of 25 MWh that would be 
sold to a local utility.
    1. A copy of the application is available for inspection and 
reproduction at the Commission's Public Reference Room, located at 888 
First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 
208-1371. The application may be viewed on http://www.ferc.fed.us/online/rims.htm (call (202) 208-2222 for assistance). A copy is also 
available for inspection and reproduction at the address in item h 
above.
    Preliminary Permit--Anyone desiring to file a competing application 
for preliminary permit for a proposed project must submit the competing 
application itself, or a notice of intent to file such an application, 
to the Commission on or before the specified comment date for the 
particular application (see CFR 4.36). Submission of a timely notice of 
intent allows an interested person to file the competing preliminary 
permit application no later than 30 days after the specified comment 
date for the particular application. A competing preliminary permit 
application must conform with 18 CFR 4.30(b) and 4.36.
    Preliminary Permit--Any qualified development applicant desiring to 
file a competing development application must submit to the Commission, 
on or before a specified comment date for the particular application, 
either a competing development application or a notice of intent to 
file such an application. Submission of a timely notice of intent to 
file a development application allows an interested person to file the 
competing application no later than 120 days after the specified 
comment date for the particular application. A competing license 
application must conform with 18 CFR 4.30(b) and 4.36.
    Notice of intent--A notice of intent must specify the exact name, 
business address, and telephone number of the prospective applicant, 
and must include an unequivocal statement of intent to submit, if such 
an application may be filed, either a preliminary permits application 
or a development application (specify which type of application). A 
notice of intent must be served on the applicant(s) named in this 
public notice.
    Proposed Scope of Studies under Permit--A preliminary permit, if 
issued, does not authorize construction. The term of the proposed 
preliminary permit would be 36 months. The work proposed under the 
preliminary permit would include economic analysis, preparation of 
preliminary engineering plans, and a study of environmental impacts. 
Based on the results of these studies, the Applicant would decide 
whether to proceed with the preparation of a development application to 
construct and operate the project.
    Comments, Protests, or Motions to Intervene--Anyone may submit 
comments, a protest, or a motion to intervene in accordance with the 
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, 
.214. In determining the appropriate action to take, 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 comments, protests, or 
motions to intervene must be received on or before the specified 
comment date for the particular application.
    Filing and Service of Responsive Documents--Any filings must bear 
in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT TO 
FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'', ``PROTEST'', 
``MOTION TO INTERVENE'', as applicable, and the Project Number of the 
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number 
of copies provided by the Commission's regulations to: The Secretary, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. An additional copy must be sent to Director, 
Division of Hydropower Administration and Compliance, Federal Energy 
Regulatory Commission, at the above-mentioned address. A copy of any 
notice of intent, competing application or motion to intervene must 
also be served upon each representative of the Applicant specified in 
the particular application.
    Agency Comments--Federal, state, and local agencies are invited to 
file comments on the described application. A copy of the application 
may be obtained by agencies directly from the Applicant. If an agency 
does not file comments within the time specified for filing comments, 
it will be presumed to have no comments. One copy of an agency's 
comments must also be sent to the Applicant's representatives.

David P. Boergers,
Secretary.
[FR Doc. 01-1430 Filed 1-17-01; 8:45 am]
BILLING CODE 6717-01-M