[Federal Register Volume 67, Number 214 (Tuesday, November 5, 2002)]
[Notices]
[Pages 67402-67403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28171]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Joint Application To Amend License and Soliciting 
Comments, Motions To Intervene, and Protests

October 30, 2002.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Joint Application to Amend License.
    b. Project No.: 5-072.
    c. Date Filed: October 15, 2002.
    d. Applicant: PPL Montana, LLC (PPLM) and the Confederated Salish 
and Kootenai Tribes of the Flathead Nation (Tribes).
    e. Name of Project: Kerr Hydroelectric Project.
    f. Location: On the Flathead River in Lake and Flathead Counties, 
Montana.
    g. Filed Pursuant to: 16 U.S.C. 799.
    h. Applicant Contacts: David R. Poe, LeBoeuf, Lamb, Greene & 
MacRae, L.L.P., 1875 Connecticut Avenue, NW., Washington, DC 20009, 
(202) 986-8039 and Joe Hovenkotter, Tribal Legal Department, Flathead 
Reservation, 51383 Highway 93 North, Pablo, Montana 59855, (406) 675-
2700, ext. 1169.
    i. FERC Contact: Any questions on this notice should be addressed 
to Robert H. Grieve, [email protected], (202) 502-8752.
    j. Deadline for filing comments, motions to intervene and protests: 
November 29, 2002.
    All documents (original and seven copies) should be filed with: 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426. Comments, protests, and 
interventions may be filed electronically via the Internet in lieu of 
paper, see 18 CFR 385.2002(a)(1)(iii) and instructions on the 
Commission's web site under the ``e-filing'' link. The Commission 
strongly encourages electronic filings. Please include the project 
number (P-5-072) on any comments or motions filed.
    The Commission's rules of Practice and Procedure require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person in the official service list for the 
project. Further, if an intervenor files comments or documents with the 
Commission relating to the merits of an issue that may affect the 
responsibilities of a particular resource agency, they must also serve 
a copy of the document on that resource agency.
    k. Description of Application: Applicants request to amend the Kerr 
Project license in order to resolve the respective obligations of PPLM 
and the Tribes for performance of certain fish and wildlife mitigation 
measures that currently appear in several numbered articles in the 
project license. The articles at issue were originally submitted by the 
Department of the Interior pursuant to its authority under Section 4(e) 
of the Federal Power Act, 16 U.S.C. 797(e), and thereafter adopted by 
the Commission in its orders of June 25, 1997, October 30, 1998, and 
December 14, 2000. Applicants seek a similar resolution of obligations 
under a license article that was included in the project license in the 
December 14, 2000 order in response to a biological opinion prepared by 
the U.S. Fish and Wildlife Service pursuant to the Endangered Species 
Act.
    l. Locations of the Application: Copies of this filing are 
available for review at the Commission in the Public Reference Room or 
may be viewed on the Commission's web site at http:www.ferc.gov using 
the ``FERRIS'' link. Enter the docket number, excluding the last three 
digits in the docket number field, to access the document. For 
assistance, call toll-free 1-866-208-3676 or e-mail 
[email protected]. For TTY, call (202) 502-8659. Copies

[[Page 67403]]

are also available for inspection and reproduction at the addresses in 
item h. above.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. Protests or Motions to Intervene-Anyone may submit a protest or 
a motion to intervene in accordance with the requirements of Rules of 
Practice and Procedure, 18 CFR 385.210. 385.211, and 385.2114. In 
determining the appropriate action to take, the Commission will 
consider all protests filed, but only those who file a motion to 
intervene in accordance with the Commission's Rules may become a party 
to the proceeding. Any protests or motions to intervene must be 
received on or before the specified deadline date for the particular 
application.
    o. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATION 
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as 
applicable, and the Project Number of the particular application to 
which the filing refers. Any of the above-named documents must be filed 
by providing the original and the number of copies provided by the 
Commission's regulations to: The Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426. A copy of any 
motion to intervene must also be served upon each representative of the 
Applicant specified in the particular application.
    p. Agency Comments--Federal, State, and local agencies are invited 
to file comments on the described application. A copy of the 
application may be obtained by agencies directly from the Applicant. If 
an agency does not file comments within the time specified for filing 
comments, it will be presumed to have no comments. One copy of an 
agency's comments must also be sent to the Applicant's representatives.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-28171 Filed 11-4-02; 8:45 am]
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