[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Notices]
[Pages 39502-39503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3604]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2009-048]


Virginia Electric and Power Company, dba Dominion Virginia Power/
Dominion North Carolina Power; Notice Rejecting Request for Rehearing

July 1, 2005.
    By order issued May 17, 2005,\1\ Commission staff approved and 
modified a dissolved oxygen monitoring plan filed by the licensee for 
the Roanoke Rapids and Gaston Project No. 2009, located on the Roanoke 
River in Brunswick and Mecklenburg Counties, Virginia, and in Halifax, 
Northampton, and Warren Counties, North Carolina. On June 16, 2005, the 
North Carolina Department of Environment and Natural Resources (North 
Carolina DENR) filed a request for rehearing of the order, without an 
accompanying notice or motion to intervene.
---------------------------------------------------------------------------

    \1\ 111 FERC ] 62,170.

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

[[Page 39503]]

    Under 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. 
While North Carolina DENR was an intervenor in the licensing 
proceedings for the Roanoke Rapids and Gaston Project, party status is 
not carried over to post-licensing proceedings.\2\ Accordingly, in 
order for North Carolina DENR, whose water quality division was a 
consulted agency on the dissolved oxygen monitoring plan, to be a party 
to this proceeding, it must have filed a motion to intervene pursuant 
to Rule 214 of the Rules of Practice and Procedure, 18 CFR 385.214, not 
later than 30 days after issuance of the May 17, 2005 order (June 16, 
2005).\3\ As noted above, North Carolina DENR did not file a notice or 
motion to intervene and therefore, the request for rehearing is hereby 
rejected.
---------------------------------------------------------------------------

    \2\ See Joseph M. Keating, 40 FERC ] 61,254 (1987).
    \3\ See Pacific Gas and Electric Company, 40 FERC ] 61,035 
(1987).
---------------------------------------------------------------------------

    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. E5-3604 Filed 7-7-05; 8:45 am]
BILLING CODE 6717-01-P