[Federal Register Volume 66, Number 175 (Monday, September 10, 2001)]
[Notices]
[Pages 47022-47023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22586]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2069-006]


Arizona Public Service Company; Notice of Petition for 
Declaratory Order

September 4, 2001.
    On August 1, 2001, Arizona Public Service Company (APS) filed a 
petition for a declaratory order regarding the Offer of Settlement and 
Settlement Agreement (settlement) filed September 15, 2000, and 
currently pending before the Commission in the relicensing proceeding 
for the Childs Irving Project No. 2069. The settlement, which was 
signed by APS, the intervenors in the relicensing proceeding, and 
several non-intervenors, provides, among other things, that APS will 
cease generation at the project no later than December 31, 2004, will 
surrender the project license and decommission the project site, and 
will complete project decommissioning no later than December 31, 2009. 
The settlement also provides that, in the event of a Commission order 
that alters any of its essential terms, the settlement shall become 
null and void, and the relicensing proceeding shall be restored.
    APS requests that the Commission issue a declaratory order 
determining whether the process contemplated by the settlement is 
acceptable. Specifically, APS seeks confirmation that the Commission 
will allow the parties to the settlement to return to the pre-
settlement status quo if the Commission modifies the settlement or if 
the objectives of the settlement, including license surrender and 
project decommissioning, are not achieved. By this, APS means, in 
particular, that the Commission will retain or reinstate its relicense 
application and process it without providing a new opportunity for the 
filing of competitive license applications. APS also seeks confirmation 
that, if the Commission accepts the surrender of the license, it will 
allow the surrender to be effective at a future date so that generation 
may continue until December 31, 2004. In this regard, APS requests the 
Commission to confirm that it would exercise its authority to issue 
annual licenses during the pendency of the surrender application and 
until the deadline for the cessation of generation. The petition does 
not request the Commission to take a position on the merits of the 
settlement.
    Because the relief sought by the petition could have implications 
for other proceedings in which similar issues occur, the Commission 
encourages comments from any interested entities, not just those 
involved in this particular proceeding. The Commission would 
particularly welcome comments that address whether it should be willing 
to retain or reinstate relicense applications that are conditional upon 
the occurrence of other events, especially when those events are 
contemplated by settlements submitted during relicensing proceedings. 
The Commission would also welcome comments that address whether, and 
under what conditions, it should provide additional opportunities for 
entities to seek licenses to operate a project if an incumbent licensee 
that has filed an application for a new license subsequently seeks, 
conditionally or unconditionally, to surrender its existing license 
before the new license has been issued. Also, the Commission would 
welcome comments that address the extent to which it should allow the 
effectiveness of a license surrender to be postponed, and whether it 
should be willing to issue annual licenses for an extended period of 
time until project generation ceases or until the project is fully 
decommissioned.
    Any person desiring to be heard or to protest the petition should 
file comments, a protest, or a motion to intervene in accordance with 
the requirements of the Commission's Rules of Practice and Procedure, 
18 CFR 385.210, 385.211 and 385.214. In determining the appropriate 
action to take, the Commission will consider all protests and other 
comments, but only those who file a motion to intervene may become 
parties to the proceeding. Comments, protests, or motions to

[[Page 47023]]

intervene must be filed within 30 days of publication of this notice in 
the Federal Register and must bear in all capital letters the title 
``COMMENTS,'' ``PROTEST,'' or ``MOTION TO INTERVENE,'' as applicable, 
and Project No. 2069-006.
    Comments, protests, and interventions 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 under the ``e-filing'' 
link.
    Send the filings (original and 8 copies) to: The Secretary, Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426. Copies of the petition for declaratory order are on file with 
the Commission and are available for public inspection in Room 2A and 
may also be viewed on the web at http://www.ferc.gov/online/rims.htm 
(please call (202) 208-2222 for assistance).

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-22586 Filed 9-7-01; 8:45 am]
BILLING CODE 6717-01-P