[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23179-23180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11464]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No: 2042-153]


Public Utility District No. 1 of Pend Oreille County, Washington; 
Notice of Application for Amendment of License, and Soliciting Comments 
and Motions To Intervene

May 11, 2009.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Type: Request for Amendment of License.
    b. Project No: 2042-153.
    c. Date Filed: March 24, 2009.
    d. Applicant: Public Utility District No. 1 of Pend Oreille County, 
Washington.
    e. Name and Location of Project: The Box Canyon Hydroelectric 
Project is located on the Pend Oreille River in northeastern Washington 
and northwestern Idaho. The project occupies federal lands, including 
acreage within the Colville National Forest and the Kalispel Indian 
Reservation.

[[Page 23180]]

    f. Filed Pursuant to: The application for amendment of license was 
filed pursuant to 18 CFR 4.201.
    g. Applicant Contacts: Mr. Mark Cauchy, Pend Oreille PUD, P.O. Box 
190, 130 North Washington, Newport, WA 99156, (509) 447-9331, and Mr. 
James B. Vasile, Davis Wright Tremaine LP, 1919 Pennsylvania Avenue, 
NW., Suite 200, Washington, DC 20006, (202) 973-4262.
    h. FERC Contact: Any questions on this notice should be addressed 
to Mr. Mark Carter, (202) 502-6554 or [email protected], and Ms. 
Holly Frank, (202) 502-6833 or [email protected].
    i. Deadline for filing comments and motions: Comments on the 
application for amendment of license are due within 30 days of the 
issuance date of this notice.
    All documents (original and eight copies) should be filed with: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426.
    Please include the project number (P-2042-153) on any comments or 
motions filed.
    Comments may be filed electronically via the Internet in lieu of 
paper. The Commission strongly encourages electronic filings. See 18 
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web 
site (http://www.ferc.gov) under the ``e-Filing'' link.
    j. Background and Description of Proposal: On July 11, 2005, the 
Commission issued a new license for the continued operation of the Box 
Canyon Project. On November 17, 2006, the Commission issued its order 
on rehearing of the July 11 relicense order. The relicense order, as 
amended by the order on rehearing, contains, in their entirety, 
conditions submitted by the Department of the Interior (Interior) and 
the U.S. Forest Service pursuant to section 4(e) of the Federal Power 
Act (FPA) and the fish passage measures prescribed by Interior pursuant 
to FPA section 18. On November 21, 2006, the Pend Oreille PUD 
petitioned the Court of Appeals for the District of Columbia for review 
of the Commission's July 2005 licensing order and its November 2006 
order on rehearing, alleging the 4(e) conditions and section 18 
prescriptions were not based on substantial evidence. In February 2007 
the case was referred to mediation. The parties have settled the issues 
and developed revised conditions and prescriptions as a result.
    The revised section 4(e) conditions and section 18 prescriptions 
are included as appendices A through D of the settlement agreement 
filed with the application for amendment of license. Additional 
provisions to be included in the license are set forth in appendix E. 
The settlement agreement also requires Interior and the Forest Service 
to file revised section 4(e) conditions that will replace certain 
conditions set forth in the July 11, 2005 licensing order. On April 7 
and 9, 2009, respectively, the Forest Service and Interior filed their 
revised conditions and fishway prescriptions for the project. The Pend 
Oreille PUD requests that the Commission amend the new license to 
substitute the revised conditions and prescriptions submitted by the 
Forest Service and Interior and the additional provisions set forth in 
Appendix E to the settlement agreement. The Pend Oreille PUD also 
requests that the Commission make conforming revisions to license 
articles 401, 402 and 406 to reflect new schedules and other revisions 
set forth in the revised conditions and prescriptions.
    k. Locations of the Application: The settlement agreement and 
application, Interior's revised section 4(e) and section 18 fishway 
prescriptions and the Forest Service's revised section 4(e) terms and 
conditions, are available for review at the Commission in the Public 
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number 
excluding the last three digits in the docket number field to access 
the documents. For assistance, contact FERC Online Support at 
[email protected] or toll-free at 1-866-208-3676, or for TTY, 
(202) 502-8659. A copy is also available for inspection and 
reproduction at the address in item g above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and 
issuances related to this or other pending projects. For assistance, 
contact FERC Online Support.
    l. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    Comments--Anyone may submit comments or a motion to intervene in 
accordance with the requirements of Rules of Practice and Procedure, 18 
CFR 385.210 and 385.214. In determining the appropriate action to take, 
the Commission will consider all comments and motions to intervene, but 
only those who file a motion to intervene in accordance with the 
Commission's Rules may become a party to the proceeding. Any comments 
or motions to intervene must be received on or before the specified 
comment date for the application.
    Filing and Service of Responsive Documents--Any filings must bear 
in all capital letters the title ``COMMENTS'' or ``MOTION TO 
INTERVENE'', as applicable, and the Project Number of the particular 
application to which the filing refers. Any of the above-named 
documents must be filed by providing the original and the number of 
copies provided by the Commission's regulations to: The Secretary, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. A copy of any motion to intervene must also be 
served upon each representative of the Applicant specified in the 
particular application.
    Agency Comments--Federal, State, and local agencies are invited to 
file comments on the described application. A copy of the application 
may be obtained by agencies directly from the Applicant. If an agency 
does not file comments within the time specified for filing comments, 
it will be presumed to have no comments. One copy of an agency's 
comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11464 Filed 5-15-09; 8:45 am]
BILLING CODE 6717-01-P