[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Notices]
[Pages 22789-22790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-923]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. JR02-1-000]


Puget Sound Hydro LLC; Notice Denying Late Intervention

April 20, 2004.
    1. On June 12, 2003, the Commission issued a Notice of 
Jurisdictional Review in Docket No. JR02-1-000 and Project No. 11857, 
soliciting comments, protests, and motions to intervene with respect to 
the unlicensed, non-operational Nooksack Falls Hydroelectric Project, 
located on the North Fork of the Nooksack River in Whatcom County, 
Washington. The notice established July 14, 2003, as the deadline for 
filing comments, protests, and motions to intervene.
    2. On March 15, 2004, American Rivers filed a motion for late 
intervention in Project No. 11857. On March 31, 2004, Puget Sound Hydro 
LLC filed an answer in opposition to the motion, which we reject as 
late.\1\ On January 4, 2001, the Commission issued a preliminary permit 
to Welcome Springs for the purpose of studying the feasibility of 
filing a license application for the mothballed Nooksack Falls Project. 
The Commission denied Welcome Springs' request for a stay of the 
permit,\2\ which therefore expired on January 3, 2004, before American 
Rivers' motion for late intervention. However, since the Docket No. 
JR02-1-000 proceeding is still pending, American Rivers' motion will be 
considered in that docket.
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    \1\ 18 CFR 385.213(d) (2004) requires an answer to a motion to 
be filed within 15 days; Puget Sound Hydro's answer was filed 16 
days after the motion was filed.
    \2\ 106 FERC ] 61,014 (2004). No rehearing requests were filed.
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    3. American Rivers states that it missed the intervention deadline 
of July 14, 2003, because it only became aware of the project after 
that date. It states that it was not on the service list for the 
project, and that it learned of the project through a newspaper article 
in the Bellingham Herald on February 16, 2004.
    4. A service list names only parties to a proceeding. 18 CFR 
385.2010. Thus, to be placed on the service list one must file a motion 
to intervene. 18 CFR 385.2010(e). A Commission notice issued on March 
20, 2003, established a proceeding in Docket No. JR02-1-000 only 
regarding the navigability of the North Fork Nooksack River at the 
project site. While that notice did not invite motions to intervene, 
Welcome Springs and American Whitewater filed such motions, which were 
granted. Prior to issuance of the June 12, 2003 Notice of 
Jurisdictional Review,\3\ there was no open proceeding in the permit 
docket, Project No. 11857, and therefore no service list. Nor does 
American Rivers' explanation that it did not learn of the project until 
February 16, 2004, constitute good cause. See California Independent 
System Operator Corp., 91 FERC ] 61,243 at 61,876 (2000) (that movants 
did not learn of the intervention deadline in time to submit a timely 
motion to intervene does not amount to good cause under 18 CFR 
385.214(d)).
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    \3\ The June 12, 2004 notice stated (at para. j) that anyone 
wishing to be included on the Commission's mailing list for the 
proceeding should so indicate by writing to the Secretary of the 
Commission.
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    5. American Rivers asserts that its interests are not adequately 
represented by the current parties to the proceeding. First, its 
statement of interests for the most part has to do with any future 
licensing proceeding for the project, rather than to the sole subject 
of the instant proceeding: Whether the project is required to be 
licensed under Part I of the Federal Power Act. If the Commission 
ultimately rules that the Noocksack Project is required to be licensed, 
and if a license application is subsequently filed, American Rivers 
will have the opportunity at that time to intervene in the licensing 
proceeding. Second, American Rivers' broadly stated interests in 
obtaining ``a balance between responsible hydropower projects and 
healthy rivers'' can, even though not relevant to a jurisdiction case, 
be expected to be well represented by the existing intervenors, which 
are Welcome Springs, American Whitewater, Washington State

[[Page 22790]]

Department of Ecology, the U.S. Department of Agriculture (Forest 
Service), and the Nooksack Indian Tribe.
    American Rivers' late motion to intervene in this proceeding is 
denied.

Magalie R. Salas,
Secretary.
 [FR Doc. E4-923 Filed 4-26-04; 8:45 am]
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