Notice of Petition for Declaratory Order Disclaiming Jurisdiction Over the Sullivan Creek Project, and Soliciting Comments, Protests, and/or Motions To Intervene, 63297 [E6-18115]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Notices]
[Page 63297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18115]



[[Page 63297]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Petition for Declaratory Order Disclaiming Jurisdiction 
Over the Sullivan Creek Project, and Soliciting Comments, Protests, 
and/or Motions To Intervene

October 20, 2006.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Type: Petition for Declaratory Order.
    b. Docket No: DI07-1-000 and P-2225.
    c. Date Filed: October 5, 2006.
    d. Applicant: Public Utility District No. 1 of Pend Oreille County, 
Washington (District).
    e. Name of Project: Sullivan Creek Power Project.
    f. Location: The Sullivan Creek Power Project is located on 
Sullivan Lake, Outlet Creek and Sullivan Creek, a tributary of Pend 
Oreille River, in the vicinity of the town of Metaline Falls, Pend 
Oreille County, Washington, and occupies lands of the United States 
within the Colville National Forest. The project is not located on 
Tribal lands.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 
U.S.C. 817(b).
    h. Applicant Contact: James B. Vasile, Davis Wright Tremaine LLP, 
1500 K Street, NW., Suite 450, Washington, DC 20005. Telephone: (202) 
508-6662; FAX: (202) 508-6699; e-mail: jimvasile@dwt.com.
    i. FERC Contact: Any questions on this notice should be addressed 
to Henry G. Ecton (202) 502-8768, or E-mail: henry.ecton@ferc.gov.
    j. Deadline for filing comments, protests, and/or motions: November 
20, 2006.
    All documents (original and eight copies) should be filed with: 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. Comments, protests, and/or interventions may be 
filed electronically via the Internet in lieu of paper. Any questions, 
please contact the Secretary's Office. See 18 CFR 385.2001(a)(1)(iii) 
and the instructions on the Commission's Web site at: https://
www.ferc.gov
    Please include the docket number (DI07-1-000) on any protests, 
comments or motions filed.
    k. Previous Commission Actions and Proposal of Petition: The 
existing Sullivan Creek Power Project was constructed by Inland 
Portland Cement Company in 1909. The District entered into an agreement 
with Inland to purchase the project in 1957 and filed an application 
for a license. The Federal Power Commission issued the license for 
Project No. 2225 on November 25, 1958. The District proposed to operate 
the project as a storage project benefiting downstream generation 
projects (other than the Sullivan Creek plant) on the Pend Oreille 
River and the Columbia Rivers. The project consists of Sullivan Lake 
and dam, Mill Pond and dam, Mill Pond Historic Site, a flume and canal, 
a forebay, a horseshoe-shaped tunnel power conduit, and a powerhouse. 
Sullivan Lake has 31,000 acre-feet of active storage capacity. Sullivan 
Lake Dam is a 58-foot-long by 29-foot-high concrete gravity dam. Mill 
Pond has a 1,962 acre-foot capacity. Mill Pond Dam is a 134-foot-long 
by 55-foot-high concrete gravity dam. Sullivan Lake stores and releases 
about 31,000 acre-feet of water annually, in accordance with the 
Pacific Northwest Coordination Agreement and its license. The District 
gave notice in 2003 that it did not intend to seek a new license when 
the current license expires on October 1, 2008.
    This petition requests the Commission to confirm that the Sullivan 
Creek Project is not necessary or appropriate for any downstream unit 
of development, because it is not directly connected to and has only 
immaterial effects on downstream generation, and is therefore not 
required to be licensed pursuant to Section 23(b)(1) of the Federal 
Power Act. The petition also requests the Commission determine that the 
existing license is null and void, since the Commission lacked 
jurisdiction to issue a voluntary license under Section 4(e) in this 
circumstance. In the alternative, if it is determined that the District 
currently possesses a voluntary license, the petition requests the 
Commissions to confirm that the District is not required to file a 
surrender application or seek any other Commission authorization upon 
the expiration of its license.
    When a Petition for Declaratory Order is filed with the Federal 
Energy Regulatory Commission, the Federal Power Act requires the 
Commission to investigate and determine if the interests of interstate 
or foreign commerce would be affected by the project. The Commission 
also determines whether or not the project: (1) Would be located on a 
navigable waterway; (2) would occupy or affect public lands or 
reservations of the United States; (3) would utilize surplus water or 
water power from a government dam; or (4) if applicable, has involved 
or would involve any construction subsequent to 1935 that may have 
increased or would increase the project's head or generating capacity, 
or have otherwise significantly modified the project's pre-1935 design 
or operation.
    l. Locations of the application: Copies of this filing are on file 
with the Commission and are available for public inspection. This 
filing may be viewed on the Web at https://www.ferc.gov using the 
``eLibrary'' link, select ``Docket'' and follow the 
instructions. For assistance, please contact FERC Online Support at 
FERCOnlineSupport@ferc.gov or toll-free at (866) 208-3676, or TTY, 
contact (202) 502-8659.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, And/Or Motions to Intervene--Anyone may 
submit comments, a protest, and/or a motion to intervene in accordance 
with the requirements of Rules of Practice and Procedure, 18 CFR 
385.210, .211, .214. In determining the appropriate action to take, the 
Commission will consider all protests or other comments filed, 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, 
protests, or motions to intervene must be received on or before the 
specified comment date for the particular application.
    o. Filing and Service of Responsive Documents--any filings must 
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of 
the particular application to which the filing refers. A copy of any 
motion to intervene must also be served upon each representative of the 
applicant specified in the particular application.
    p. 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.

Magalie R. Salas,
Secretary.
[FR Doc. E6-18115 Filed 10-27-06; 8:45 am]
BILLING CODE 6717-01-P