[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Notices]
[Pages 7089-7090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-546]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11810-007]


City of Augusta, GA; Notice Dismissing Request for Rehearing

February 3, 2005.
    By letter of May 5, 2004, Commission staff informed the City of 
Augusta, Georgia (Augusta), that it would be required to obtain water 
quality certification under section 401(a) of the Clean Water Act, 33 
U.S.C. 1341(a), from the State of South Carolina in connection with 
Augusta's application for an original license for the Augusta Canal 
Project No. 11810, located on the Savannah River in Georgia and South 
Carolina. Section 313 of the Federal Power Act (FPA), 16 U.S.C. 825l, 
establishes the right of a party aggrieved by a Commission order to 
seek rehearing of that order within 30 days of its issuance. Augusta 
did not seek

[[Page 7090]]

rehearing but, on June 4, 2004, sought reconsideration of the letter, 
asking the Commission to vacate the letter on the ground that 
certification was not required. By order issued November 23, 2004, 109 
FERC ] 61,210 (2004), the Commission denied reconsideration as to the 
need for certification but granted Augusta's request for an extension 
of time to obtain it.
    On December 23, 2004, Augusta sought rehearing of the Commission's 
order. The order on reconsideration, which allowed the staff letter to 
remain effective, did not create a right to rehearing that had not been 
created by issuance of the staff letter itself. To the extent that 
Augusta was aggrieved by the staff letter, a request for rehearing of 
the letter would have been the appropriate remedy. As Augusta did not 
seek rehearing of the staff letter, a request for rehearing of the 
order on reconsideration is effectively an impermissibly late-filed 
request for rehearing of the letter. Accordingly, Augusta's December 
23, 2004, request for rehearing in this proceeding does not lie and is 
dismissed.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-546 Filed 2-9-05; 8:45 am]
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