[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Page 11580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4585]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11856-000]


City of Lockport, New York; Notice Rejecting Application for 
Preliminary Permit

February 20, 2001.
    On August 8, 2000, the City of Lockport, New York (Lockport), filed 
an application for a preliminary permit, pursuant to Section 5 of the 
Federal Power Act (FPA), 16 U.S.C. 798, for the Independence 
Transmission Line Project, located in Lockport, Niagara County, New 
York. Following notice of the application, timely motions to intervene 
were filed by Niagara Mohawk Power Corporation (Niagara Mohawk) and 
Erie Boulevard Hydropower, L.P. (Erie).\1\ Lockport seeks a preliminary 
permit for a project comprising solely the existing Hydraulic Race-
Lockport #751 transmission line, a 12-kilovolt line approximately 8,590 
feet in length, owned by Niagara Mohawk. The line connects the exempted 
Project No. 2424, owned by Erie, to Niagara Mohawk's Lockport 
Substation.
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    \1\ As the motions to intervene were timely and not opposed, 
they are automatically granted, pursuant to 18 CFR 385.214(c) 
(2000).
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    The Commission does not have jurisdiction over transmission lines 
connected to exempted projects.\2\ It has jurisdiction only over 
primary transmission lines that transmit power from a licensed water 
power project or other hydroelectric project authorized by Congress.\3\ 
Since the Commission cannot license the line, it does not entertain 
applications for a preliminary permit therefor. Accordingly, the 
application for a preliminary permit is rejected.
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    \2\ See Order No. 76, FERC Stats. & Regs., Reg. Preambles para. 
30,146 (1980).
    \3\ See 18 CFR 4.70 (2000).
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    This notice constitutes final agency action. Requests for rehearing 
by the Commission of this rejection may be filed within 30 days of the 
date of issuance of this notice, pursuant to 18 CFR 385.713.

David P. Boergers,
Secretary.
[FR Doc. 01-4585 Filed 2-23-01; 8:45 am]
BILLING CODE 6717-01-M