[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Notices]
[Page 57954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28781]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI99-2-001]


Alaska Power & Telephone Company; Notice Denying Intervention and 
Rejecting Request for Rehearing

November 13, 2001.
    On August 16, 2001, the Director of the Commission's Division of 
Hydropower Administration and Compliance, Office of Energy Projects 
(Director), issued an order ruling on a declaration of intention and 
finding licensing not required for the proposed Gartina Creek 
Hydroelectric Project. 96 FERC para. 62,162 (2001). On September 17, 
2001, Trout Unlimited and American Rivers jointly filed a motion for 
late intervention and a request for rehearing of the August 16 order.
    In determining whether to grant late intervention, the Commission 
may consider such factors as whether the movant had good cause for 
filing late, whether the movant's interest is adequately represented by 
other parties to the proceeding, and whether granting the intervention 
might result in disruption to the proceedings or prejudice to the 
parties.\1\When late intervention is sought after issuance of a 
dispositive order, however, extraordinary grounds must be presented to 
warrant favorable action on the request.\2\ Trout Unlimited and 
American Rivers assert that the challenged order establishes a 
significant precedent, and that the Commission may accept late 
intervention incident to rehearing concerning matters of jurisdiction. 
This does not establish good cause, and does not address the need to 
show extraordinary grounds for late intervention. Accordingly, the 
motion for late intervention is denied. Because only a party to the 
proceeding may seek rehearing, the request for rehearing filed by Trout 
Unlimited and American Rivers is rejected.\3\
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    \1\ See 18 CFR Sec. 385.214(d) (2001).
    \2\ See Weber Basin Water Conservancy District, 50 FERC para. 
61,409 at p. 62,262 (1990).
    \3\ The Commission may, in its discretion, allow late 
intervention and rehearing concerning matters which relate to its 
jurisdiction. See, e.g., Alaska Power Company, 81 FERC para. 61,239 
(1997). In this case, other parties to the proceeding have 
intervened and sought rehearing of the jurisdictional issues.
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    This notice constitutes final agency action. Requests for rehearing 
by the Commission of this notice must 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. 01-28781 Filed 11-16-01; 8:45 am]
BILLING CODE 6717-01-P