[Federal Register Volume 68, Number 118 (Thursday, June 19, 2003)]
[Notices]
[Page 36781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15425]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Jurisdictional Review and Soliciting Comments, Protests 
and/or Motions To Intervene

June 12, 2003.
    Take notice that the following review has been initiated by the 
Commission:
    a. Review Type: Jurisdictional Review.
    b. Docket Nos.: JR02-1-000 and Project No. 11857.
    c. Owner: Puget Sound Hydro LLC.
    d. Name of Project: Nooksack Falls Hydroelectric Project.
    e. Location: The project is located on the North Fork of the 
Nooksack River, near the town of Glacier, in Whatcom County, Washington 
(T. 39 N., R. 7 E., T. 40 N., Rs. 7 & 8 E., Willamette Meridian).
    f. Owner Contact: Michael A. Swiger, Van Ness Feldman, 1050 Thomas 
Jefferson Street, NW., Washington DC 20007-3877, telephone number (202) 
298-1891.
    g. FERC Contact: Any questions on this notice should be addressed 
to Henry Ecton (202) 502-8768, or e-mail address: [email protected].
    h. Deadline for filing comments, protests, and/or motions to 
intervene: \1\ July 14, 2003.
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    \1\ On March 20, 2003, the Commission Secretary issued a Notice 
of Availability of Draft Navigation Study in new Docket No. JR01-1, 
inviting comments. This notice established a proceeding, but did not 
invite motions to intervene. Motions to intervene in Docket No. 
JR02-1 were nevertheless filed on April 9, 2003, by Welcome Springs 
and on April 18, 2003, by American Whitewater. The instant Notice of 
Unlicensed Project Review in essence amends the March 20, 2003 
notice to invite motions to intervene by the deadline specified. 
Although the two motions to intervene were filed before issuance of 
the notice inviting intervention, they were timely (see, e.g., 
Halecrest Co., 38 FERC ] 61,312 (1987)) and were automatically 
granted 15 days after they were filed (see 18 CFR 385.214(c)).
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    All documents (original and eight copies) should be filed with: 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426. Comments, protests, and/or 
interventions may be filed electronically via the Internet in lieu of 
paper. Any questions, please contact the Secretary's Office. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
at http://www.ferc.gov.
    Please include the docket numbers (JR02-1-000 and Project No. 
11857) on any comments, protests, and/or motions to intervene filed.
    i. Pursuant to Section 23(b)(1) of the Federal Power Act ( FPA), 16 
U.S.C. 817(1), a non-federal hydroelectric project must (unless it has 
a still-valid pre-1920 federal permit) be licensed if it is located on 
a navigable water of the United States; occupies lands of the United 
States; utilizes surplus water or water power from a government dam; or 
is located on a body of water over which Congress has Commerce Clause 
jurisdiction, project construction occurred on or after August 26, 
1935, and the project affects the interests of interstate or foreign 
commerce.
    j. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    k. Protests, Comments, and/or Motions to Intervene--Anyone may 
submit comments, a protest, or a motion to intervene in accordance with 
the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 
.211, .214. In determining the appropriate action to take, the 
Commission will consider all protests, but only those who file a motion 
to intervene in accordance with the Commission's Rules may become a 
party to the proceeding. Any comments, protests and/or motions to 
intervene must be received on or before the specified comment date for 
the particular application.
    l. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Numbers of 
the particular review.
    m. Agency Comments: Federal, state, and local agencies are invited 
to file comments on the described review. If an agency does not file 
comments within the time specified for filing comments, it will be 
presumed to have no comments.

Magalie R. Salas,
Secretary.
[FR Doc. 03-15425 Filed 6-18-03; 8:45 am]
BILLING CODE 6717-01-P