Rainier Engineering and Environmental, LLC; Notice Rejecting Filing, 28481-28482 [E7-9682]
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28481
Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices
under 18 CFR Part 34 of all future
issuances of securities and assumptions
of liability by El Segundo.
On May 11, 2007, pursuant to
delegated authority, the Director,
Division of Tariffs and Market
Development—West, granted the
requests for blanket approval under Part
34 (Director’s Order). The Director’s
Order also stated that the Commission
would publish a separate notice in the
Federal Register establishing a period of
time for the filing of protests.
Accordingly, any person desiring to be
heard concerning the blanket approvals
of issuances of securities or assumptions
of liability by El Segundo should file a
protest with the Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426, in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure. 18 CFR 385.211, 385.214
(2004).
Notice is hereby given that the
deadline for filing protests is June 11,
2007.
Absent a request to be heard in
opposition to such blanket approvals by
the deadline above, El Segundo is
authorized to issue securities and
assume obligations or liabilities as a
guarantor, indorser, surety, or otherwise
in respect of any security of another
person; provided that such issuance or
assumption is for some lawful object
within the corporate purposes of El
Segundo, compatible with the public
interest, and is reasonably necessary or
appropriate for such purposes.
The Commission reserves the right to
require a further showing that neither
public nor private interests will be
adversely affected by continued
approvals of El Segundo’s issuance of
securities or assumptions of liability.
Copies of the full text of the Director’s
Order are available from the
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
https://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.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–9677 Filed 5–18–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Notice of Effectiveness of Exempt
Wholesale Generator or Foreign Utility
Company Status
May 11, 2007.
Docket Nos.
North Wind Cooperative ......................................................................................................................................................................
Besicorp-Empire Power Company, LLC ..............................................................................................................................................
Post Oak Wind, LLC ............................................................................................................................................................................
Bullard Energy Center, LLC ................................................................................................................................................................
Diablo Winds, LLC ...............................................................................................................................................................................
Panoche Energy Center, LLC .............................................................................................................................................................
Spectra Energy Corporation & Union Gas Limited .............................................................................................................................
AES TEG/TEP Holding B.V .................................................................................................................................................................
Airtricity Holdings Ltd. ..........................................................................................................................................................................
Generadora Montecristo S.A., Enel Guatemala S.A ...........................................................................................................................
Take notice that during the month of
April 2007, the status of the abovecaptioned entities as Exempt Wholesale
Generators or Foreign Utility Companies
became effective by operation of the
Commission’s regulations. 18 CFR
366.7(a).
Kimberly D. Bose,
Secretary.
[FR Doc. E7–9684 Filed 5–18–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Environmental, LLC (Rainer) for a
preliminary permit under section 4(f) of
the Federal Power Act 1 to study the
proposed Tapps Lake Dam
Hydroelectric Project No. 12767, to be
located at Puget Sound Energy, Inc.’s
Lake Tapps Dam on the White River in
Sumner, Pierce County, Washington.
The application was rejected for failure
to include a readable map showing a
project boundary enclosing all proposed
project facilities.2 On April 19, 2007,
Rainier requested rehearing of the
Commission’s decision to reject their
application.
Rainer does not attribute any errors to
staff’s rejection of its application, but
instead proffers assertedly appropriate
pwalker on PROD1PC71 with NOTICES
[Project No. 12767–001]
Rainier Engineering and
Environmental, LLC; Notice Rejecting
Filing
May 11, 2007.
On March 20, 2007, Commission staff
rejected the application, filed November
13, 2006, by Rainier Engineering and
VerDate Aug<31>2005
15:57 May 18, 2007
Jkt 211001
1 16
U.S.C. 797(f) (2000).
18 CFR 4.81(d) (2006). By letter issued
January 18, 2007, Commission staff notified Rainer
of the deficiency in its application and gave Rainer
45 days to file an appropriate map to cure the
deficiency. Rainier timely filed additional maps on
February 28, 2007. However, Commission staff’s
March 20, 2007 letter found that the newlysubmitted maps also failed to meet the
requirements of section 4.81(d).
2 See
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EG07–36–000
EG07–37–000
EG07–38–000
EG07–39–000
EG07–40–000
FC07–7–000
FC07–8–000
FC07–9–000
FC07–10–000
FC07–11–000
maps to cure its application’s deficiency
and requests reconsideration of its
application in light of its new
submission.
Section 313(a) of the Federal Power
Act, 16 U.S.C. 825l, requires an
aggrieved party to file its request for
rehearing within 30 days after the
issuance of the Commission order and
to set forth specifically the ground or
grounds upon which such request is
based. Rainier’s rehearing request raises
no specific allegations of error with
respect to the staff’s order. Therefore, it
must be rejected.3
3 In addition, the pleading as filed is deficient
because it failed to include a Statement of Issues,
as required by Revision of Rules of Practice and
Procedure Regarding Issue Identification, Order No.
663, 70 FR 55,723 (September 23, 2005), FERC
Statutes and Regulations ¶ 31,193 (2005) as
amended by Order 663–A, effective March 23, 2006,
to limit its applicability to rehearing requests.
Revision of Rules of Practice and Procedure
Regarding Issue Identification, Order No. 663–A, 71
FR 14,640 (March 23, 2006), FERC Statutes and
Regulations ¶ 31,211 (2006) (codified at 18 CFR
385.203(a)(7) and 385.713(c)(2) (2006)).
E:\FR\FM\21MYN1.SGM
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28482
Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices
In any event, the submission of
additional factual evidence in a request
for rehearing is contrary to Commission
policy,4 so Rainier’s newly-submitted
maps would not have been accepted to
reverse staff’s rejection of the
application.5
It appears moreover that Rainier late
filed 6 its permit application 7 in
competition with the preliminary
permit application filed by Don L.
Hansen in Project No. 12685.
This notice constitutes final agency
action. Request for rehearing this
rejection notice must be filed within 30
days of the date of issuance of this
notice, pursuant to 18 CFR 385.713
(2006).
Kimberly D. Bose,
Secretary.
[FR Doc. E7–9682 Filed 5–18–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP07–208–000]
Rockies Express Pipeline LLC; Notice
of Application
May 14, 2007.
pwalker on PROD1PC71 with NOTICES
Take notice that on April 30, 2007,
Rockies Express Pipeline LLC (Rockies
Express), 370 Van Gordon Street,
Lakewood, Colorado 80228, filed an
application in Docket No. CP07–208–
000, pursuant to section 7(c) of the
4 See, e.g., Northeast Hydrodevelopment
Corporation, 42 FERC ¶ 61,066 n. 6 (1988) (the
Commission does not consider information an
applicant submits on rehearing of staff’s dismissal
of the application, since the issue before the
Commission is whether the staff’s dismissal was
appropriate). See also, e.g., Koch Gateway Pipeline
Company, 75 FERC ¶ 61,132 at 61,456 (1996)
(explaining general policy against receipt of
additional information on rehearing).
5 Furthermore, the new maps did not cure the
deficiencies in Rainier’s permit application in that
they do not include a project boundary that
encloses all project features, including the reservoir,
and they do not delineate all project features,
including the project’s dam, intake structure, and
transmission line, as section 4.81(d) of the
Commission’s regulations requires.
6 The August 10, 2006 notice of Mr. Hanson’s
application required the filing of competing permit
applications by 30 days following October 10, 2006,
i.e., by Thursday, November 9, 2006. Rainier filed
its competing application after business hours on
November 9, 2006. Under 18 CFR 385.2001(c)(2)
(2006), any document received after regular
business hours is considered filed on the next
business day. Since Friday, November 10, 2006,
was a holiday, the next business day was Monday,
November 13, 2006.
7 Finally, Rainier filed its application
electronically, which is prohibited by 18 CFR
385.2003(c)(1)(i) (2006), since preliminary permit
applications are not included among the documents
that are qualified for electronic filing.
VerDate Aug<31>2005
15:57 May 18, 2007
Jkt 211001
Natural Gas Act (NGA) and Part 157 of
the Commission’s regulations requesting
a certificate of public convenience and
necessity to construct certain pipeline
facilities, referred to as the REX-East
Project, to extend Rockies Express’
certificated system eastward from its
terminus in Audrain County, Missouri
to Monroe County, Ohio and to increase
the transportation capacity of its system
from 1,500,000 Dth per day to 1,800,000
Dth per day, all as more fully set forth
in the application which is on file with
the Commission and open for public
inspection. This filing is available for
review at the Commission in the Public
Reference Room or may be viewed on
the Commission’s Web site at https://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, please contact FERC Online
Support at
FERCOnlineSupport@ferc.gov or toll
free at (866)208–3676, or for TTY,
contact (202) 502–8659.
Specifically, Rockies Express requests
authorization to construct: (1) 638 miles
of 42-inch pipeline in Audrain, Ralls,
and Pike Counties, Missouri; Pike, Scott,
Morgan, Sangamon, Christian, Macon,
Moultrie, Douglas and Edgar Counties,
Illinois; Vermillion, Parke, Putnam,
Hendricks, Morgan, Johnson, Shelby,
Decatur, and Franklin Counties,
Indiana; and Butler, Warren, Clinton,
Greene, Fayette, Pickaway, Fairfield,
Perry, Morgan, Muskingum, Guernsey,
Noble, Belmont, and Monroe Counties,
Ohio; and (2) a total of approximately
236,000 horsepower of compression at
seven new compressor stations in
Carbon County, Wyoming; Phelps
County, Nebraska; Audrain County,
Missouri; Christian County, Illinois;
Putnam County, Indiana; Butler County,
Ohio; and Muskingum County, Ohio.
The cost of the project is
approximately $2.2 billion. Rockies
Express proposes to establish a new rate
zone—Zone 3—consisting of all
facilities located east of the terminus of
Rockies Express’ certificated facilities in
Audrain County, Missouri. Further,
Rockies Express requests a
determination of rolled-in rate treatment
for certain compression facilities located
in existing Zone 1 and Zone 2.
Any questions regarding this
application should be directed to Robert
F. Harrington, Vice President—
Regulatory, Rockies Express Pipeline
LLC, P.O. Box 281304, Lakewood,
Colorado 80228–8304, phone (303)763–
3581.
On June 13, 2006, the Commission
staff granted Rockies Express’ request to
utilize the Commission’s Pre-Filing
PO 00000
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Fmt 4703
Sfmt 4703
Process and assigned Docket No. PF06–
30–000 to staff activities involving the
Rockies Express REX-East Project. Now,
as of the filing of Rockies Express’
application on April 30, 2007, the PreFiling Process for this project has ended.
From this time forward, Rockies
Express’ proceeding will be conducted
in Docket No. CP07–208–000, as noted
in the caption of this Notice.
Pursuant to section 157.9 of the
Commission’s rules, 18 CFR 157.9,
within 90 days of this Notice the
Commission staff will either: complete
its environmental assessment (EA) and
place it into the Commission’s public
record (eLibrary) for this proceeding, or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the final
environmental impact statement (FEIS)
or EA for this proposal. The filing of the
EA in the Commission’s public record
for this proceeding or the issuance of a
Notice of Schedule for Environmental
Review will serve to notify Federal and
State agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
Federal authorizations within 90 days of
the date of issuance of the Commission
staff’s FEIS or EA.
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
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. On
or before the comment date, it is not
necessary to serve motions to intervene
or protests on persons other than the
Applicant.
However, a person does not have to
intervene in order to have comments
considered. The second way to
participate is by filing with the
Secretary of the Commission, as soon as
possible, an original and two copies of
comments in support of or in opposition
to this project. The Commission will
consider these comments in
determining the appropriate action to be
taken, but the filing of a comment alone
will not serve to make the filer a party
to the proceeding. The Commission’s
E:\FR\FM\21MYN1.SGM
21MYN1
]]>Agencies
[Federal Register Volume 72, Number 97 (Monday, May 21, 2007)]
[Notices]
[Pages 28481-28482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9682]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 12767-001]
Rainier Engineering and Environmental, LLC; Notice Rejecting
Filing
May 11, 2007.
On March 20, 2007, Commission staff rejected the application, filed
November 13, 2006, by Rainier Engineering and Environmental, LLC
(Rainer) for a preliminary permit under section 4(f) of the Federal
Power Act \1\ to study the proposed Tapps Lake Dam Hydroelectric
Project No. 12767, to be located at Puget Sound Energy, Inc.'s Lake
Tapps Dam on the White River in Sumner, Pierce County, Washington. The
application was rejected for failure to include a readable map showing
a project boundary enclosing all proposed project facilities.\2\ On
April 19, 2007, Rainier requested rehearing of the Commission's
decision to reject their application.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 797(f) (2000).
\2\ See 18 CFR 4.81(d) (2006). By letter issued January 18,
2007, Commission staff notified Rainer of the deficiency in its
application and gave Rainer 45 days to file an appropriate map to
cure the deficiency. Rainier timely filed additional maps on
February 28, 2007. However, Commission staff's March 20, 2007 letter
found that the newly-submitted maps also failed to meet the
requirements of section 4.81(d).
---------------------------------------------------------------------------
Rainer does not attribute any errors to staff's rejection of its
application, but instead proffers assertedly appropriate maps to cure
its application's deficiency and requests reconsideration of its
application in light of its new submission.
Section 313(a) of the Federal Power Act, 16 U.S.C. 825l, requires
an aggrieved party to file its request for rehearing within 30 days
after the issuance of the Commission order and to set forth
specifically the ground or grounds upon which such request is based.
Rainier's rehearing request raises no specific allegations of error
with respect to the staff's order. Therefore, it must be rejected.\3\
---------------------------------------------------------------------------
\3\ In addition, the pleading as filed is deficient because it
failed to include a Statement of Issues, as required by Revision of
Rules of Practice and Procedure Regarding Issue Identification,
Order No. 663, 70 FR 55,723 (September 23, 2005), FERC Statutes and
Regulations ] 31,193 (2005) as amended by Order 663-A, effective
March 23, 2006, to limit its applicability to rehearing requests.
Revision of Rules of Practice and Procedure Regarding Issue
Identification, Order No. 663-A, 71 FR 14,640 (March 23, 2006), FERC
Statutes and Regulations ] 31,211 (2006) (codified at 18 CFR
385.203(a)(7) and 385.713(c)(2) (2006)).
---------------------------------------------------------------------------
[[Page 28482]]
In any event, the submission of additional factual evidence in a
request for rehearing is contrary to Commission policy,\4\ so Rainier's
newly-submitted maps would not have been accepted to reverse staff's
rejection of the application.\5\
It appears moreover that Rainier late filed \6\ its permit
application \7\ in competition with the preliminary permit application
filed by Don L. Hansen in Project No. 12685.
---------------------------------------------------------------------------
\4\ See, e.g., Northeast Hydrodevelopment Corporation, 42 FERC ]
61,066 n. 6 (1988) (the Commission does not consider information an
applicant submits on rehearing of staff's dismissal of the
application, since the issue before the Commission is whether the
staff's dismissal was appropriate). See also, e.g., Koch Gateway
Pipeline Company, 75 FERC ] 61,132 at 61,456 (1996) (explaining
general policy against receipt of additional information on
rehearing).
\5\ Furthermore, the new maps did not cure the deficiencies in
Rainier's permit application in that they do not include a project
boundary that encloses all project features, including the
reservoir, and they do not delineate all project features, including
the project's dam, intake structure, and transmission line, as
section 4.81(d) of the Commission's regulations requires.
\6\ The August 10, 2006 notice of Mr. Hanson's application
required the filing of competing permit applications by 30 days
following October 10, 2006, i.e., by Thursday, November 9, 2006.
Rainier filed its competing application after business hours on
November 9, 2006. Under 18 CFR 385.2001(c)(2) (2006), any document
received after regular business hours is considered filed on the
next business day. Since Friday, November 10, 2006, was a holiday,
the next business day was Monday, November 13, 2006.
\7\ Finally, Rainier filed its application electronically, which
is prohibited by 18 CFR 385.2003(c)(1)(i) (2006), since preliminary
permit applications are not included among the documents that are
qualified for electronic filing.
---------------------------------------------------------------------------
This notice constitutes final agency action. Request for rehearing
this rejection notice must be filed within 30 days of the date of
issuance of this notice, pursuant to 18 CFR 385.713 (2006).
Kimberly D. Bose,
Secretary.
[FR Doc. E7-9682 Filed 5-18-07; 8:45 am]
BILLING CODE 6717-01-P
