[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Notices]
[Page 51657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1878]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2816-030]


Vermont Electric Generation & Transmission Cooperative, Inc., 
North Hartland, LLC; Notice Rejecting Request for Rehearing

August 13, 2004.
    1. On June 22, 2004, the Director, Division of Hydropower 
Administration and Compliance, Office of Energy Projects, issued an 
order which granted an extension of time to North Hartland, LLC (North 
Hartland) to submit copies of the instruments of conveyance as required 
by the order approving transfer of the North Hartland Project No. 2816 
to North Hartland. On July 15, 2004, the Vermont Department of Public 
Service (Vermont DPS) filed a request for rehearing of that order.
    2. Pursuant to section 313(a) of the Federal Power Act, 16 U.S.C. 
825l(a), a request for rehearing may be filed only by a party to the 
proceeding. In order for Vermont DPS to be a party to the proceeding, 
it must have filed a motion to intervene pursuant to Rule 214 of the 
Rules of Practice and Procedure, 18 CFR 385.214.\1\ Vermont DPS has not 
filed a motion to intervene in this proceeding (the request for 
extension of time to file conveyance instruments). Since Vermont DPS is 
not a party to this proceeding, its request for rehearing is rejected.
---------------------------------------------------------------------------

    \1\ See Pacific Gas and Electric Company, 40 FERC ] 61,035 
(1987).
---------------------------------------------------------------------------

    3. Vermont DPS' rehearing request would have been rejected in any 
event. With regard to post-licensing proceedings, the Commission 
entertains motions to intervene only where the filing entails a 
material change in the plan of development or in the terms of the 
license; would adversely affect the rights of property holders in a 
manner not contemplated by the license; or involves an appeal by an 
agency or entity specifically given a consultation role.\2\ The timing 
of a compliance filing is an administrative matter between the licensee 
and the Commission, and does not alter the substantive obligations of 
the licensee.\3\ It therefore does not give rise to an opportunity for 
intervention and rehearing.
---------------------------------------------------------------------------

    \2\ Kings River Conservation District, 36 FERC ] 61,365 (1986).
    \3\ City of Tacoma, Washington, 89 FERC ] 61,058 (1999). The 
only exception would be if the license articles specifically state 
that Vermont DPS must be consulted on extensions of deadlines set 
forth in the articles. Id. At 61,194 n. 9. Such is not the case 
here.
---------------------------------------------------------------------------

    4. This notice constitutes final agency action. Request for 
rehearing by the Commission of this rejection notice must be filed 
within 30 days of the date of issuance of this notice, pursuant to 18 
CFR 385.713.

Magalie R. Salas,
Secretary.
 [FR Doc. E4-1878 Filed 8-19-04; 8:45 am]
BILLING CODE 6717-01-P