[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Pages 29331-29332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7696]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2602-007--North Carolina]
Duke Power Company LLC; Dillsboro Hydroelectric Project; Notice
of Proposed Restricted Service List for a Memorandum of Agreement for
Managing Properties Included in or Eligible for Inclusion in the
National Register of Historic Places
May 12, 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
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. 470 f), to
prepare and execute a memorandum of agreement for managing properties
included in, or eligible for inclusion in, the National Register of
Historic Places at the Dillsboro Hydroelectric Project No. 2602-007
(SHPO Reference Number ER03-0341).
The memorandum of agreement, when executed by the Commission and
the SHPO would satisfy the Commission's section 106 responsibilities
for all individual undertakings carried out in accordance with the
surrender of a license. The Commission's responsibilities pursuant to
section 106 for the Dillsboro Project
[[Page 29332]]
would be fulfilled through the execution of a memorandum of agreement
for the project (36 CFR 800.6[c]), which the Commission proposes to
draft in consultation with certain parties listed below. The executed
memorandum of agreement for the project would be incorporated into any
Order approving the surrender of a license for the project. The
memorandum of agreement would be effective until the conditions of the
surrender are completed. Once the conditions of the surrender are
complete, the stipulations of the memorandum of agreement would no
longer be enforced.
Duke Power Company LLC, as licensee for Project No. 2602, and the
Eastern Band of Cherokee Indians have expressed an interest in these
proceedings and are invited to participate in consultations to develop
the memorandum of agreement.
For purposes of commenting on the memorandum of 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, 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 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 name
``Dillsboro Project'' and number ``P-2602-007'' 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 Salas,
Secretary.
[FR Doc. E6-7696 Filed 5-19-06; 8:45 am]
BILLING CODE 6717-01-P