[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Notices]
[Page 65191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31089]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12020-000 Illinois]


Marseilles Hydro Power LLC; Notice of Rejection of Notices of 
Intent To File Competing Applications and Waiver of Section 4.36

December 11, 2001.
    Pursuant to the notice of acceptance of application for the 
Marseilles Hydroelectric Project, issued August 16, 2001 by the Federal 
Energy Regulatory Commission (Commission), the following filings have 
been received: (1) Marseilles Land and Water Company (MLWC) September 
18, 2001 filing for waiver of the requirements of Sec. 4.36 of the 
Commission's regulations establishing deadlines for the filing of 
applications with an initial preliminary permit application; and (2) 
the three October 15, 2001 notices of intent to file competing 
development applications filed by MLWC, Fountainhead Properties LLC, 
and City of Oglesby, Illinois, respectively.

Background

    On May 14, 2001, Marseilles Hydro Power LLC (MHP) filed its 
application for license for the Marseilles Hydroelectric Project, FERC 
No. 12020, pursuant to the notice of intent it had filed in response to 
the Commission's notice of filing of an application for preliminary 
permit, FERC Project No. 11863, by MLWC. The Commission issued a public 
notice that MHP's application for license for Project No. 12020 had 
been accepted for filing on August 16, 2001. The above mentioned 
subsequent filings were filed with the Commission.

Commission Conclusions

    The Commission has previously addressed the situation of when an 
application for license may be filed in competition with an initial 
permit application.\1\ The Commission has clearly specified that 
license applications filed in competition with an initial permit 
application are to be filed in response to the notice of the initial 
preliminary permit application, not subsequent notices of a competing 
license application as claimed by MLWC.
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    \1\ Order No. 413, FERC Stats. & Regs. Preambles 1982-1985, 
section 30,632 (March 20, 1985); and Tropicana, 65 FERC section 
61,904 (1993).
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    Therefore, the Commission rejects the pleadings of (1) MLWC's 
filing for waiver of the requirements of Sec. 4.36; and (2) the three 
October 15, 2001 notices of intent to file competing development 
applications filed by MLWC, Fountainhead Properties LLC, and City of 
Oglesby, Illinois, respectively.
    This notice constitutes final agency action. Requests for rehearing 
by the Commission may be filed within 30 days of the date of this 
issuance of this notice, pursuant to 18 CFR 385.713.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-31089 Filed 12-17-01; 8:45 am]
BILLING CODE 6717-01-P