[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Notices]
[Pages 41856-41857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17547]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12632-001-Texas]


East Texas Electric Cooperative, Inc.: Lake Livingston 
Hydroelectric Project; 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

July 9, 2010.
    Rule 2010 of the Federal Energy Regulatory Commission's 
(Commission) Rules of Practice and Procedure, 18 CFR section 385.2010, 
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. 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.
    The Commission staff is consulting with the Texas State Historic 
Preservation Officer (hereinafter, SHPO) and the Advisory Council on 
Historic Preservation (hereinafter, Advisory Council) pursuant to the 
Advisory Council's regulations, 36 CFR Part 800, implementing section 
106 of the National Historic Preservation Act, as amended, (16 U.S.C. 
470f), to prepare a Programmatic Agreement for managing properties 
included in, or eligible for inclusion in, the National Register of 
Historic Places at the proposed Lake Livingston Hydroelectric Project.

[[Page 41857]]

    The Programmatic Agreement, when executed by the Commission, the 
Texas SHPO, and the Advisory Council, would satisfy the Commission's 
section 106 responsibilities for all individual undertakings carried 
out in accordance with the license until the license expires or is 
terminated (36 CFR 800.13[e]). The Commission's responsibilities 
pursuant to section 106 for the project would be fulfilled through the 
Programmatic Agreement, which the Commission staff proposes to draft in 
consultation with certain parties listed below.
    East Texas Electric Cooperative, Inc., as prospective licensee for 
Project No. 12632-001, is invited to participate in consultations to 
develop the Programmatic Agreement and to sign as a concurring party to 
the Programmatic Agreement. For purposes of commenting on the 
Programmatic Agreement, we propose to restrict the service list for 
Project No. 12632-001 as follows:

John Fowler, Executive Director, Advisory Council on Historic 
Preservation, The Old Post Office Building, Suite 803, 1100 
Pennsylvania Avenue, NW.,Washington, DC 20004.
Debra L. Beene or Representative, Texas Historical Commission, 1511 
Colorado, Austin, TX 78701.
Bryant J. Celestine, THPO, Alabama-Coushatta Tribe of Texas, 571 State 
Park Road 56, Livingston, TX 77351.
Robert Cast, THPO, Caddo Nation, P.O. Box 487, Binger, OK 73009.
Don Spaulding, Tribal Administrator, Kickapoo Traditional Tribe of 
Texas, HCR 1, Box 9700, Eagle Pass, TX 78852.
Edd Hargett, East Texas Electric Cooperative, Inc., 2905 Westward 
Drive, Nacogdoches, TX 75963.
Michael N. McCarty, Brickfield Burchette Ritts & Stone, PC, 1025 Thomas 
Jefferson Street, NW., Eighth Floor, West Tower, Washington, DC 20007.
Fred B. Werkenthin, Booth, Ahrens & Werkenthin, P.C., 515 Congress 
Avenue, Suite 1515, Austin, TX 78701.
Howard Slobodin, Trinity River Authority of Texas, P.O. Box 60, 
Arlington, TX 76004-0060.

    Any person on the official service list for the above-captioned 
proceedings 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. An 
original and eight copies of any such motion must be filed with 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. 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 the motion.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17547 Filed 7-16-10; 8:45 am]
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