[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Page 43861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4056]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1962-113]


Pacific Gas and Electric Company; Notice Dismissing Complaint

July 22, 2005.
    1. On May 31, 2005, the Anglers Committee (Anglers) filed a 
complaint against Pacific Gas and Electric Company (PG&E), licensee for 
the Rock Creek-Cresta Project No. 1962, located on the North Fork 
Feather River in Butte and Plumas Counties, California.\1\ On June 21, 
2005, PG&E filed an answer to the complaint. On July 13, 2005, Anglers 
filed a rebuttal to PG&E's answer.
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    \1\ The Commission issued PG&E a new license for the Rock Creek-
Cresta Project and approved a settlement agreement resolving various 
project-related issues on October 24, 2001. 97 FERC ] 61,084 (2001).
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    2. The Anglers contend that the Ecological Resource Committee 
(Committee), created by the licensee,\2\ will not allow the public to 
participate in the meetings (other than to attend and listen) and to 
have access to Committee documents. The Anglers request that the 
Commission require PG&E to establish requirements and proceedings for 
Committee meetings to provide public participation in all matters and 
access to Committee documents.
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    \2\ Appendix Condition No. 22 of the license required PG&E to 
establish the Committee in coordination with the parties to the 
Settlement Agreement for the purpose of assisting the licensee in 
the design of monitoring plans, review and evaluation of data, and 
preparation of adaptive management measures for implementation by 
the licensee as provided in the Settlement Agreement.
    The Anglers previously participated in settlement discussions 
regarding the relicensing of the project but, as stated in their 
complaint, they chose not to become signatories to the Settlement 
Agreement because of their disagreement with certain terms and 
conditions in the agreement. Members of the Committee are limited to 
the Settlement Agreement signatories.
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    3. The Commission's regulations provide that a complaint may be 
filed seeking Commission action against any person alleged to be ``in 
contravention or violation of any statute, rule, order, or other law 
administered by the Commission or for any other alleged wrong over 
which the Commission may have jurisdiction.'' \3\ The regulations 
further provide that the complaint must [c]learly identify the action 
or inaction which is alleged to violate applicable statutory standards 
or regulatory requirements.'' \4\
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    \3\ See 18 CFR 385.206(a)(2005).
    \4\ Id.
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    4. The license does not establish Committee procedures. Nor does it 
require public participation in Committee matters.\5\ Since the 
complainants do not allege that PG&E is in violation of its license, 
the Federal Power Act, or the Commission's regulations, the complaint 
is dismissed.
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    \5\ However, any material changes in project operations during 
the term of the license will require a license amendment 
application, public notice, and a proceeding in which interested 
entities will have an opportunity to participate.

Magalie Salas,
Secretary.
[FR Doc. E5-4056 Filed 7-28-05; 8:45 am]
BILLING CODE 6717-01-P