[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Notices]
[Pages 65971-65972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27456]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2165-015--Alabama Black Warrior River Project]


Alabama Power Company; Notice of Proposed Revised Restricted 
Service List for a Programmatic Agreement for Managing Properties 
Included in or Eligible for Inclusion in the National Register of 
Historic Places

October 22, 2002.
    Rule 2010 of the Federal Energy Regulatory Commission's 
(Commission) Rules of Practice and Procedure provides that, to 
eliminate unnecessary expense or improve administrative efficiency, the 
Secretary may establish a restricted service list for a particular 
phase or issue in a proceeding.\1\ The restricted service list should 
contain the names of persons on the service list who, in the judgment 
of the decisional authority establishing the list, are active 
participants with respect to the phase or

[[Page 65972]]

issue in the proceeding for which the list is established.
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    \1\ 18 CFR Section 385.2010.
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    The Commission staff is consulting with the Alabama State Historic 
Preservation Officer (hereinafter, SHPO) and the Advisory Council on 
Historic Preservation (hereinafter, Council) pursuant to the Council's 
regulations, 36 CFR part 800, implementing Section 106 of the National 
Historic Preservation Act, as amended, (16 U.S.C. Section 470 f), to 
prepare and execute a programmatic agreement for managing properties 
included in, or eligible for inclusion in, the National Register of 
Historic Places at Project No. 2165-015.
    The programmatic agreement, when executed by the Commission, the 
SHPO, and the Council, would satisfy the Commission's Section 106 
responsibilities for all individual undertakings carried out in 
accordance with the license until the license expires or is terminated 
(36 CFR 800.13[e]). The Commission's responsibilities pursuant to 
Section 106 for the Black Warrior River Project would be fulfilled 
through the programmatic agreement, which the Commission proposes to 
draft in consultation with certain parties listed below. The executed 
programmatic agreement would be incorporated into any Order issuing a 
license.
    Alabama Power Company, as licensee for Project No. 2165, and the 
Mississippi Band of Choctaw Indians, Jena Band of Choctaw Indians, 
Chickasaw Nation, Poarch Band of Creek Indians, U. S. Forest Service, 
U.S. Army Corp of Engineers, and the U.S. Bureau of Indian Affairs have 
expressed an interest in this preceding and are invited to participate 
in consultations to develop the programmatic agreement.
    For purposes of commenting on the programmatic agreement, we 
propose to restrict the service list for the aforementioned project as 
follows:

Dr. Laura Henley Dean, Advisory Council on Historic Preservation The 
Old Post Office, Building, Suite 803, 1100 Pennsylvania Avenue, NW, 
Washington, DC 20004.
Amanda McBride or Representative, Alabama Historical Commission, 468 
South Perry Street, Montgomery, Alabama 36130-0900.
Christine Norris, Tribal Historic Preservation Officer, Jena Band of 
Choctaw Indians, P.O. Box 14, Jena, LA 71342.
William Day, Tribal Historic Preservation Officer, Poarch Band of Creek 
Indians, 128 Olive St., Pineville, LA 71360.
Rena Duncan, Tribal Historic Preservation Officer, Chickasaw Nation, 
P.O. Box 1548, Ada, OK 74820.
Ken Carleton, Tribal Historic Preservation Officer, Mississippi Band of 
Choctaw Indians, P.O. Box 6257, Choctaw, MS 39350.
Dr. James Kardatzke, Bureau of Indian Affairs, Eastern Region Office, 
711 Stewarts Ferry Pike, Nashville, TN 37214.
Elrand Denson or Representative, United States Forest Service, 2946 
Chestnut St., Montgomery, AL 36107-3010.
Michael Eubanks, United States Army Corp of Engineers, 109 Saint Joseph 
St., Mobile, AL 36628.
Charles Gault, Esq., Office of Solicitor, 530 Gay St., Room 308, 
Knoxville, TN 37918.
Kelly Schaeffer, 6225 Brandon Avenue, Suite 110, Springfield, VA 22150.
Barry Lovett or Representative, Alabama Power Company, P.O. Box 2641, 
Birmingham, AL 35291.

    We propose to remove the following person from the restricted 
service list for the aforementioned project because his interests will 
be taken into account through the Forest Service: Robert Pasquill, 
United States Forest Service, 2946 Chestnut St., Montgomery, AL 36107-
3010.
    Any person on the official service list for the above-captioned 
proceeding may request inclusion on the restricted service list, or may 
request that a restricted service list not be established, by filing a 
motion to that effect within 15 days of this notice date. In a request 
for inclusion, please identify the reason(s) why there is an interest 
to be included. Also please identify any concerns about Historic 
Properties, including Traditional Cultural Properties. If Historic 
Properties are to be identified within the motion, please use a 
separate page, and label it NON-PUBLIC Information.
    An original and 8 copies of any such motion must be filed with 
Magalie Salas, the Secretary of the Commission (888 First Street, NE., 
Washington, DC 20426) and must be served on each person whose name 
appears on the official service list. If no such motions are filed, the 
restricted service list will be effective at the end of the 15 day 
period. Otherwise, a further notice will be issued ruling on any motion 
or motions filed within the 15 day period.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-27456 Filed 10-28-02; 8:45 am]
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