Pacific Gas and Electric Company; Notice Dismissing Complaint, 43861 [E5-4056]

Download as PDF Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Notices Commission’s Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also 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 filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site under the ‘‘e-Filing’’ link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E5–4030 Filed 7–28–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR05–8–000] BP Exploration (Alaska) Inc. and BP Oil Supply Company, Complainants, v. ConocoPhillips Transportation Alaska, Inc.; Respondent; Notice of Complaint; Request for Fast TRACK Processing July 20, 2005. Take notice that on June 30, 2005, BP Exploration (Alaska) Inc. and BP Oil Supply Company (collectively, BP) filed a Complaint against ConocoPhillips Transportation Alaska Inc. (ConocoPhillips) pursuant to section 13(1) of the Interstate Commerce Act, 49 U.S.C. 13(1), 18 CFR 343.2(c), Rule 206 of the Commission’s Rules of Practice and Procedures, 18 CFR 395.206(2004). BP requests that the Commission stay the effective date of ConocoPhillips’ revised proration policy. If the policy is already effective, BP requests that the Commission stay further effectiveness of such proration policy pending a determination as to the lawfulness of such proration policy, and order ConocoPhillips to make reparation to BP for any financial damage BP may suffer as a result of ConocoPhillips’ revised proration policy. BP requested fast track processing of the Complaint. Subsequently the parties began settlement discussions, and requested that the time for answers and comments be extended to August 1, 2005. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the VerDate jul<14>2003 17:05 Jul 28, 2005 Jkt 205001 appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, D.C. There is an ‘‘eSubscription’’ link on the web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on August 1, 2005. Magalie R. Salas, Secretary. [FR Doc. E5–4042 Filed 7–28–05; 8:45 am] 43861 Anglers filed a rebuttal to PG&E’s answer. 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. 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 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. BILLING CODE 6717–01–P Magalie Salas, Secretary. [FR Doc. E5–4056 Filed 7–28–05; 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717–01–P 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, 1 The Commission issued PG&E a new license for the Rock Creek-Cresta Project and approved a settlement agreement resolving various projectrelated issues on October 24, 2001. 97 FERC ¶ 61,084 (2001). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 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. 3 See 18 CFR 385.206(a)(2005). 4 Id. 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. E:\FR\FM\29JYN1.SGM 29JYN1

Agencies

[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Page 43861]
From the Federal Register Online via the Government Printing 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