[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Pages 11614-11615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3202]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2619-012 and 2603-012--North Carolina Mission and 
Franklin Hydroelectric Projects]


Duke Power; Notice of Proposed Restricted Service List for a 
Programmatic Agreement for Managing Properties Included in or Eligible 
for Inclusion in the National Register of Historic Places

February 28, 2006.
    Rule 2010 of the Federal Energy Regulatory Commission's 
(Commission) Rules of Practice and Procedure provides that, to 
eliminate unnecessary expense or improve administrative efficiency, the 
Secretary may establish a restricted service list for a particular

[[Page 11615]]

phase or issue in a proceeding.\1\ The restricted service list should 
contain the names of persons on the service list who, in the judgment 
of the decisional authority establishing the list, are active 
participants with respect to the phase or issue in the proceeding for 
which the list is established.
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    \1\ 18 CFR 385.2010.
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    The Commission staff is consulting with the North Carolina State 
Historic Preservation Officer (hereinafter, SHPO) and the Advisory 
Council on Historic Preservation (hereinafter, Council) pursuant to the 
Council's regulations, 36 CFR part 800, implementing section 106 of the 
National Historic Preservation Act, as amended, (16 U.S.C. section 470 
f), to prepare and execute two programmatic agreements for managing 
properties included in, or eligible for inclusion in, the National 
Register of Historic Places at the Mission Hydroelectric Project No. 
2619-012 (SHPO Reference Number ER03-0343) and at the Franklin 
Hydroelectric Project No 2603-012 (SHPO Reference Number ER03-0342).
    The programmatic agreements, when executed by the Commission, the 
SHPO, and the Council, would satisfy the Commission's section 106 
responsibilities for all individual undertakings carried out in 
accordance with each license until each license expires or is 
terminated (36 CFR 800.13(e)). The Commission's responsibilities 
pursuant to section 106 for the Mission and Franklin Projects would be 
fulfilled through the execution of a programmatic agreement for each 
project, which the Commission proposes to draft in consultation with 
certain parties listed below. The executed programmatic agreement for 
each project would be incorporated into any Order issuing a license for 
the respective project.
    Duke Power, as licensee for Project Nos. 2619 and 2603, and the 
Eastern Band of Cherokee Indians have expressed an interest in these 
proceedings and are invited to participate in consultations to develop 
the programmatic agreements.
    For purposes of commenting on the programmatic agreement, we 
propose to restrict the service list for the aforementioned project as 
follows:

Don Klima or Representative, Advisory Council on Historic Preservation, 
The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW., 
Washington, DC 20004.
Jennifer Huff or Representative, Duke Power, P.O. Box 1006, Mail Code 
EC12Y, Charlotte, NC 28201-1006.
Renee Gledhill-Earley, North Carolina Department of Cultural Resources, 
4617 Mail Service Center, Raleigh, NC 27699-4617.
Eastern Band of Cherokee Indians, Attention: Tyler Howe, THPO, Qualla 
Boundary, P.O. Box 455, Cherokee, NC 28719.

    Any person on the official service list for the above-captioned 
proceeding may request inclusion on the restricted service list, or may 
request that a restricted service list not be established, by filing a 
motion to that effect within 15 days of this notice date. In a request 
for inclusion, please identify the reason(s) why there is an interest 
to be included. Also please identify any concerns about historic 
properties, including Traditional Cultural Properties. If historic 
properties are to be identified within the motion, please use a 
separate page, and label it Non-Public Information.
    An original and 8 copies of any such motion must be filed with 
Magalie R. Salas, the Secretary of the Commission (888 First Street, 
NE., Washington, DC 20426, and must be served on each person whose name 
appears on the official service list. Please put the project names 
``Mission Project'' and ``Franklin Project'' and numbers ``P-2619-012'' 
and ``P-2603-012'' on the front cover of any motion. If no such motions 
are filed, the restricted service list will be effective at the end of 
the 15 day period. Otherwise, a further notice will be issued ruling on 
any motion or motions filed within the 15 day period.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-3202 Filed 3-7-06; 8:45 am]
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